30.03.2017 Views

Delegated Aboriginal Agencies

rcy-daa-2017

rcy-daa-2017

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Delegated</strong><br />

<strong>Aboriginal</strong> <strong>Agencies</strong><br />

How resourcing affects service delivery<br />

March 2017


Front cover artist:<br />

Carla Joseph is of Métis and Cree heritage and is from Prince George, B.C. She has<br />

been an artist for more than 20 years and has illustrated three children’s books in<br />

addition to having created many logos, murals, posters and paintings for a number<br />

of organizations. About the front cover artwork she says: “This piece represents all<br />

families. The feathers symbolize strength and protection and that being together as<br />

a family or community makes you stronger.”


March 30, 2017<br />

The Honourable Linda Reid<br />

Speaker of the Legislative Assembly<br />

Suite 207, Parliament Buildings<br />

Victoria, B.C. V8V 1X4<br />

Dear Ms. Speaker,<br />

I have the honour of submitting the report <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing<br />

affects service delivery to the Legislative Assembly of British Columbia. This report is prepared<br />

in accordance with Section 6(b) of the Representative for Children and Youth Act.<br />

Sincerely,<br />

Bernard Richard<br />

Representative for Children and Youth<br />

pc: Mr. Craig James, QC<br />

Clerk of the Legislative Assembly<br />

Ms. Jane Thornthwaite, MLA<br />

Chair, Select Standing Committee on Children and Youth


ii <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Contents<br />

Acknowledgement .......................................................... 2<br />

Executive Summary ......................................................... 3<br />

Scope and Methodology ...................................................... 7<br />

Background ............................................................... 11<br />

Findings and Analysis ........................................................ 27<br />

Conclusion ................................................................ 50<br />

Acronyms ................................................................. 53<br />

Glossary .................................................................. 54<br />

Appendices ................................................................ 57<br />

References ................................................................. 63<br />

Contacts .................................................................. 71<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 1


Acknowledgement<br />

This report would not have been possible without the valuable contributions of the many individuals<br />

who participated in its development. The Representative would like to thank the dedicated front-line<br />

child protection workers in <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong> who serve Indigenous children, youth and<br />

families in communities across the province. Their willingness to honestly share their experiences and<br />

observations of a complex and poorly resourced work environment provided this report with insights<br />

into the challenges of delivering essential services and supports to vulnerable children in B.C.<br />

2 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Executive Summary<br />

Executive Summary<br />

In October 2015, the Representative for Children and Youth released a report that examined the<br />

tremendous challenges faced by child protection social workers and their supervisors working in the<br />

Ministry of Children and Family Development (MCFD). The Thin Front Line concluded that inadequate<br />

staffing levels were leading to unmanageable workloads and, ultimately, to an increasing failure to meet<br />

important child welfare standards enshrined in British Columbia legislation.<br />

Not included within the scope of that 2015 report were the experiences of those who work in B.C.’s<br />

23 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong> (DAAs) – the organizations that deliver child and youth services to<br />

many Indigenous communities and also to many Indigenous children and families living outside those<br />

communities. These 23 agencies serve nearly 1,900 of the approximately 4,400 Indigenous children in<br />

the care of the B.C. government, representing 42 per cent of all Indigenous children in care in B.C.<br />

The report that follows delivers that additional perspective on behalf of the staff from 17 of the 19 DAAs<br />

that provide guardianship services and, in some cases, also child protection services. It finds that while<br />

DAA social workers experience many similar challenges to their MCFD counterparts, those problems<br />

are exacerbated by a number of factors unique to circumstances in a delegated agency – most notably,<br />

that the need for services is greater and more complex because of the intergenerational effects of colonial<br />

policies such as residential schools.<br />

The result is a work environment that is often daunting for DAA staff and, even more significantly, a<br />

system that provides inequitable supports, services and protection for vulnerable Indigenous children in<br />

B.C. compared to what their non-Indigenous<br />

counterparts are likely to receive. It is a situation<br />

that the Representative believes both the<br />

provincial and federal governments must address<br />

in the currently shifting landscape of Indigenous<br />

child welfare.<br />

This report finds that funding levels and<br />

practices – by both the federal and provincial<br />

governments – present significant hurdles for<br />

DAAs and the staff who work in them. In light<br />

of DAAs being criticized for their work in recent<br />

high-profile child welfare cases, it is important<br />

for all British Columbians to better understand<br />

these hurdles and the effects they have. The fact<br />

is, the way DAAs are funded undermines their<br />

capacity to deliver essential services to vulnerable<br />

children and their families.<br />

A landmark 2016 decision of the Canadian<br />

Human Rights Tribunal (CHRT) found the<br />

federal funding model for Indigenous child<br />

welfare was flawed and discriminatory and in<br />

violation of the Canadian Human Rights Act.<br />

What we found<br />

• The federal funding models for DAAs are flawed<br />

and discriminatory, leading to more children<br />

ending up in care.<br />

• The uncertain status of provincial planning<br />

for Indigenous child welfare, combined with<br />

inequitable and inconsistent funding to DAAs,<br />

has resulted in differences in support for children<br />

depending on where they live.<br />

• Lack of trust and communication among DAAs,<br />

MCFD and INAC adversely affects service<br />

delivery to children, youth and families.<br />

• Funding issues leave DAAs short-staffed and<br />

unable to provide comprehensive services that<br />

are needed.<br />

• Child welfare practice in DAAs is undermined by<br />

funding and staffing issues.<br />

• The capacity of DAAs to offer culturally based<br />

prevention services is limited by staffing and<br />

funding issues.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 3


Executive Summary<br />

Federal funding does not account for the real needs of children and families living on-reserve in B.C.; nor<br />

does the operational funding provided by Indigenous and Northern Affairs Canada (INAC) adequately<br />

cover essential capital costs such as office space, computers or vehicles. Instead of promoting prevention<br />

or least disruptive measures, federal funding rules actually make it more likely that Indigenous children<br />

will be removed from their families, which undoubtedly contributes to the gross over-representation<br />

of Indigenous children in care. According to MCFD’s Service Plan, an Indigenous child is nearly 17<br />

times more likely to be in care than a non-Indigenous child. As one DAA executive director told RCY<br />

interviewers: “Right now, we’re still being funded based on the number of children in care. But if your ultimate<br />

goal is to keep children out of care, it’s a backwards set up.”<br />

Funding problems are not limited to the federal government, however. Inequitable and inconsistent<br />

funding arrangements between the B.C. government and DAAs have resulted in significant differences<br />

in the level and types of support available for B.C.’s Indigenous children, depending on where in the<br />

province they live and which DAA serves them.<br />

Nor does MCFD have a clearly defined and transparent method for determining its funding to individual<br />

DAAs. The province has no standardized method for accounting for the unique needs of remote and<br />

smaller agencies, cost-of-living increases, issues with recruitment and retention of staff or how geography<br />

affects operational costs and social worker time required to carry out their duties.<br />

Funding for each DAA in the province is negotiated on a one-off regional basis. The result is that funding<br />

to DAAs across the province is uneven, with agency contracts ranging from six months to two years in<br />

length, and leaving many DAAs with little ability to conduct long-term planning. DAA workers told<br />

RCY that a lack of transparency in how DAA contracts are negotiated with MCFD amounts to a “divide<br />

and conquer” approach by the ministry and leaves these agencies essentially competing with each other for<br />

an insufficient pool of funding.<br />

These significant funding issues, which have been raised in a number of recent reports by the CHRT,<br />

Grand Chief Ed John, B.C.’s Auditor General and the Representative’s Office, have resulted in DAAs<br />

being chronically understaffed and unable to provide services comparable to those received by children<br />

and families who are served by the ministry. Given previous RCY reports that have identified significant<br />

gaps in ministry services, this is deeply troubling.<br />

DAA child protection staff interviewed as part of this review reported carrying an average of 30<br />

cases at a time – 50 per cent more than is recommended by the <strong>Aboriginal</strong> Operational and Practice<br />

Standards and Indicators (AOPSI) guidelines by which they are supposed to operate. As interviewees<br />

for this review said, the inevitable result of such heavy caseloads, combined with a lack of sufficient<br />

clinical supervision, is an inability to comply with standards – no matter how strong the commitment<br />

by social workers to try to do so.<br />

While standards call for social workers to complete an investigation or a family development response<br />

within 30 to 45 days of receiving a child safety report, data provided by the ministry shows that 1,266 of<br />

1,770 – or nearly 72 per cent – of child protection files held by DAAs as of Dec. 31, 2016 had been open<br />

longer than 90 days. Said one DAA worker: “I can count on one hand the number of files I’ve closed in the<br />

‘required’ 30 days.”<br />

4 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Executive Summary<br />

DAA social workers are not alone in their inability to meet standards. The Thin Front Line showed more<br />

than 8,200 child protection incidents still left open after 90 days in ministry offices. These standards are<br />

in place to protect children and the fact that failing to reach standards has become so commonplace in<br />

B.C. child welfare is deeply troubling.<br />

Contributing to heavy caseloads is the fact that staff recruitment and retention is made difficult for DAAs<br />

because their funding constraints mean they often cannot afford to pay equal wages or offer training and<br />

benefits comparable to what is offered by MCFD. Staffing levels in most agencies fluctuate due to high<br />

turnover, sick leave, stress leave and parental leave for which there is insufficient coverage. One DAA<br />

worker told RCY interviewers: “There’s just not enough time; you end up putting out fires and making sure<br />

kids are safe, and the rest falls to when you can get back to it.”<br />

Lack of reliable or adequate funding for DAAs also means a shortage of services for children and families<br />

served by many of these agencies, especially in rural and remote areas – most notably Child and Youth<br />

Mental Health services, parenting programs and early childhood development programs.<br />

DAA social workers, team leaders and executive directors interviewed for this report also emphasized that<br />

their ability to provide culturally based prevention services is severely limited by staffing and funding<br />

issues. Many said that a huge gap exists between the services agencies can offer, and what programs and<br />

supports are actually needed in order to keep Indigenous children out of care. Delivering culturally based<br />

services takes time, which DAA workers repeatedly told RCY interviewers they simply don’t have. Yet,<br />

these services are required by legislation.<br />

In addition to the key issue of resources, DAA staff also told RCY interviewers that a lack of trust<br />

between DAAs, MCFD and INAC adversely affects service delivery for Indigenous children. Although<br />

there were some comments about positive developments and hope for these relationships improving,<br />

DAA workers generally complained of a lack of co-operation from MCFD and of a “paternalistic”<br />

relationship rather than a true partnership with the provincial ministry. With regard to INAC, DAA staff<br />

and leadership generally reported having a very limited relationship with their federal counterparts that,<br />

for all intents and purposes, does not extend beyond the provision of insufficient federal funding.<br />

It is widely recognized that Indigenous families and their children struggle with the negative effects of<br />

intergenerational trauma caused by colonial policies of years past. Therefore, the goal should not be<br />

merely for DAAs to be resourced to provide services equal to those provided by MCFD. The goal should<br />

be for DAAs to be able to go beyond ministry services by offering services that address the real needs of<br />

Indigenous families in a culturally based way. Assessment of service needs cannot simply be tied to child<br />

population levels on-reserve, but rather to actual needs that take into account the devastating effects of<br />

colonial policies of the past. As one DAA worker described it: “Families have been colonized, invaded,<br />

murdered, assimilated, and it’s as raw as it was 15 years ago.”<br />

There are promising signs that the provincial government intends to address these issues. MCFD<br />

has committed to implementation of many of the comprehensive recommendations of Grand Chief<br />

Ed John’s report, Indigenous Resilience,Connectedness and Reunification – From Root Causes to Root<br />

Solutions, released November 2016. As well, the ministry has received a significant lift in its budget<br />

for 2017/18, including for Indigenous child welfare services. But those new resources are not yet in<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 5


Executive Summary<br />

place and whether they will be sufficient to meet the challenge has yet to be seen. RCY will be closely<br />

monitoring progress, with the findings of this report being used as one baseline measure against which<br />

future improvements can be assessed.<br />

In this regard, we also note that despite the commitment to new initiatives and the addition of new<br />

resources, MCFD’s current Service Plan sets a performance target for a reduction of just less than one<br />

per cent in the rate of Indigenous children in care by 2019/20 and also sets a performance target that<br />

actually slightly increases the huge disproportionality in the rates of Indigenous children in care as<br />

compared to non-Indigenous children in care. The situation is dire – surely we can do better than this.<br />

Expectations from this Office are that if the needs of Indigenous children and families are to be<br />

addressed, the findings of this report must be duly considered by both the provincial and federal<br />

governments. Given the urgent need to sort out funding practices and levels, INAC must remedy<br />

funding flaws to Indigenous child welfare services, and funding of DAAs should be part of current<br />

tripartite discussions about funding and jurisdiction. It is clear that DAAs and their workers must have<br />

the resources necessary to do their important work and to do it in a culturally based way that can better<br />

support families and prevent more Indigenous children from coming into care, while providing better<br />

services to those hopefully far fewer Indigenous children who do have to come into the system. For that<br />

to happen, endless bureaucratic and jurisdictional squabbles must be resolved once and for all and the<br />

needs of Indigenous children put first.<br />

To continue to do less than this is clearly unacceptable.<br />

6 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Scope and Methodology<br />

Scope and Methodology<br />

Scope<br />

The Representative has a mandate under the Representative for Children and Youth Act (RCY Act) to<br />

monitor, review, audit and conduct research on the provision of designated services for the purpose<br />

of making recommendations to improve the effectiveness and responsiveness of those services, and to<br />

report publicly on findings. Under this mandate, the Representative has a particular focus on services<br />

to Indigenous children and youth. Given their<br />

significant vulnerabilities, special attention<br />

is warranted to understand how the needs of<br />

Indigenous children and youth are being met.<br />

In B.C., child welfare services for Indigenous<br />

children and families are a provincial<br />

responsibility with services delivered by either<br />

MCFD or one of 23 DAAs. Eleven of these<br />

agencies provide full child protection services,<br />

eight provide guardianship services and four<br />

provide voluntary services (see text box on<br />

delegation for further explanation). This report<br />

focuses on front-line child protection staffing<br />

issues in the 19 DAAs that are delegated to<br />

provide full child protection services and/or<br />

guardianship services.<br />

The scope of this review was determined by<br />

consulting key literature in the field and by<br />

conducting a jurisdictional scan of staffing<br />

practices for social workers providing child<br />

protection, child welfare and safety services<br />

for Indigenous peoples across Canada and<br />

internationally. Additionally, the Representative<br />

reviewed policies and standards set by MCFD<br />

for DAAs, as well as other documents (e.g.<br />

policies, standards, plans, funding documents)<br />

and performed an analysis of federal and<br />

provincial approaches to funding DAAs.<br />

What is delegation?<br />

The level of delegation that a DAA receives from<br />

MCFD dictates the range of services it is mandated<br />

to perform under the Child, Family and Community<br />

Service Act (CFCS Act), which of the <strong>Aboriginal</strong><br />

Operational and Practice Standards and Indicators<br />

(AOPSI) and ministry standards it is required to<br />

follow, and which of these standards the agency<br />

will be audited against. There are three tiers of<br />

delegation that reflect the operational category<br />

of an agency:<br />

• Category three (C3) allows for the provision of<br />

voluntary services as well as the recruitment and<br />

retention of residential resources (foster homes).<br />

This includes authority to provide support<br />

services for families, voluntary care agreements,<br />

special needs agreements and to establish<br />

residential resources for children in care.<br />

• Category four (C4) includes all the legal authority<br />

in C3 plus additional responsibilities to carry out<br />

guardianship duties for children and youth in<br />

continuing custody. These include permanency<br />

planning, transitions out of care and managing<br />

Care Plans.<br />

• Category six (C6) includes all the legal<br />

responsibilities of C3 and C4 plus full<br />

authority for child protection duties, including<br />

investigation of child abuse or neglect reports,<br />

placing children in care, obtaining court orders<br />

and developing safety plans.<br />

• Adoption: To be able to perform adoptions<br />

work, agencies must be delegated under the<br />

B.C. Adoption Act (Sinha & Kozlowski, 2013,<br />

MCFD Delegation Matrix).<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 7


Scope and Methodology<br />

Methodology<br />

The data for this report was drawn from a number of sources, including a literature review of staffing<br />

issues in DAAs, an analysis of documents provided by MCFD, and face-to-face and telephone interviews<br />

with a number of child protection social workers, team leaders and executive directors, all of whom work<br />

for DAAs in B.C. The primary focus of this review is on staffing conditions for front-line child protection<br />

workers, thus only front-line staff from agencies providing these services were interviewed. Interviews<br />

with social workers and team leaders were conducted in 2015 and 2016 and interviews with executive<br />

directors were conducted in 2016.<br />

To request interviews, the Representative’s Office sent letters to DAAs that provide full child protection<br />

intake and investigation services. This request outlined the goals of the review and asked permission<br />

to interview two social workers and one team leader from each agency. Seventeen DAA social workers<br />

and 11 team leaders agreed to be interviewed for this review, representing 10 of the 11 agencies that<br />

provide full child protection services. Seven of the social workers interviewed work on specialized intake<br />

or investigation teams, while the other 10 workers provide generalist services that can include child<br />

protection and family services as well as resources and guardianship services.<br />

Ten team leaders working at these same DAAs were also interviewed for this review. Team leaders provide<br />

supervision to either child protection social workers or to generalist teams as well as fulfilling a variety<br />

of other responsibilities. All of these workers and team leaders have a C6 delegation, meaning they have<br />

been delegated to provide voluntary, guardianship and child protection services.<br />

To supplement the findings of these interviews, in the spring of 2016, the RCY requested interviews with<br />

all executive directors in both C4 and C6 agencies (see text box on delegation on previous page), with<br />

17 of 19 agencies participating. Seven executive directors interviewed represent agencies that provide<br />

guardianship services and 10 executive directors represent agencies that provide full child protection<br />

services. Executive directors, most of whom work on behalf of Indigenous communities and leadership,<br />

provide general oversight to their agencies in terms of operations, delegated responsibilities, budget,<br />

staffing, policy and standards.<br />

8 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Scope and Methodology<br />

Figure 1: An Overview of Interviews Conducted with DAA Staff<br />

23<br />

<strong>Delegated</strong> <strong>Aboriginal</strong><br />

<strong>Agencies</strong> in B.C.<br />

11<br />

C6 delegated<br />

agencies<br />

8<br />

C4 delegated<br />

agencies<br />

4<br />

C3 delegated<br />

agencies<br />

10<br />

Executive Directors<br />

interviewed<br />

7<br />

Executive Directors<br />

interviewed<br />

No C3 agencies<br />

interviewed<br />

11<br />

Team Leaders<br />

interviewed<br />

No C4 Team Leaders<br />

or Social Workers<br />

interviewed<br />

17<br />

Social Workers<br />

interviewed<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 9


Scope and Methodology<br />

The majority of interviews were conducted on-site. Interview questions were developed based on the<br />

interview guide used for the 2015 RCY project on MCFD staffing, a literature review about issues in<br />

similar Indigenous child welfare agencies, MCFD documents, and insights from key stakeholders who<br />

work in and with DAAs.<br />

Data was analyzed by using a constant comparative method, which involves identifying key themes and<br />

issues and confirming their validity by constantly checking and comparing these findings against all<br />

interviews (Ritchie & Lewis, 2003, p. 275). To confirm the validity of initial findings, RCY prepared and<br />

distributed summaries of interview findings to all interview participants. The RCY research team then<br />

held teleconferences for interview participants in July 2016 – one for social workers and team leaders and<br />

one for executive directors. At each of these teleconferences, participants were invited to provide feedback<br />

on the preliminary findings during the teleconference or afterwards in writing. The feedback was then<br />

integrated into the findings presented in this report.<br />

The findings of these interviews were supplemented with an analysis of approximately 150 MCFD<br />

documents, including service contracts and other funding documents, delegation agreements, standards<br />

for practice and caseload, and MCFD plans and policies related to DAAs. In addition, the reports of the<br />

Truth & Reconciliation Commission of Canada, the findings of the Canadian Human Rights Tribunal<br />

(CHRT 2, 2016), and federal funding documents and research literature on DAA funding in Canada<br />

were thoroughly reviewed, as was Grand Chief Ed John’s November 2016 report on <strong>Aboriginal</strong> child<br />

welfare in B.C.<br />

For the purposes of privacy, the names of interview participants and DAAs have been kept confidential.<br />

This report uses the term Indigenous to identify peoples who are First Nations, Inuit and Métis. The<br />

term <strong>Aboriginal</strong> is used in this report when referring to children or youth in government care as defined<br />

in the B.C. CFCS Act and to reflect the title accorded to DAAs. Métis is used to describe people of<br />

mixed European (primarily French, British, Scottish) and First Nations ancestry who emerged as a<br />

distinct people in the 18th and 19th century in an area known as the historic Métis Nation Homeland,<br />

which includes the three prairie provinces and extends into Ontario and B.C. The Métis National<br />

Council defines Métis as “a person who self-identifies as Métis, is distinct from other <strong>Aboriginal</strong> peoples,<br />

is of historic Métis Nation Ancestry and who is accepted by the Métis Nation” (Métis Nation, n.d.). Only<br />

self-identification, not official Métis status, is required to be considered Métis in child welfare service<br />

provision in Canada. Where this report uses the term Status Indian, it refers to a legal category of persons<br />

defined in the Indian Act.<br />

10 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Background<br />

Background<br />

Indigenous People in B.C.<br />

Indigenous people occupied the geographic boundaries of British Columbia for many thousands of<br />

years before the arrival of European settlers and represent diverse communities, cultures, traditions and<br />

histories. Before colonization, Indigenous peoples were self-governing and self-sufficient. Indigenous<br />

children were cared for by their families and communities according to the traditions, laws and spiritual<br />

beliefs of their people. These traditions were connected to the values of each First Nation and were<br />

expressed through world views and distinct cultures passed down through many generations. Many<br />

nations had their own cultural laws, systems and protocols to ensure the safety and well-being of<br />

their children.<br />

Today, there continues to be a rich diversity of Indigenous peoples in B.C. with approximately 200,000<br />

Indigenous people representing 203 distinct First Nations communities (First Nations Peoples’ Language<br />

Map of BC, n.d.). Approximately 30 per cent of Indigenous people in B.C. are Métis and approximately<br />

eight per cent of Indigenous children in the province are under the age of 19 (including Métis), representing<br />

the fastest growing child population in B.C. (BC Statistics, n.d.). 1<br />

Historical Context of Indigenous Children in Care in Canada<br />

Largely a result of colonial history, as well contemporary federal and provincial policies and practice,<br />

Indigenous children and youth are over-represented in Canada’s child welfare systems (<strong>Aboriginal</strong><br />

Children in Care Working Group, 2015). Currently in B.C., more than 62 per cent of children in care<br />

are Indigenous (see Figure 2 for more information). This disproportionate representation of Indigenous<br />

children in the child welfare system can be attributed to the historic legacy of colonialism that includes<br />

a myriad of discriminatory government laws and policies that undermined Indigenous culture, inherent<br />

rights, custom laws, traditions and language.<br />

The arrival of settlers and the enforcement of settler laws, policies and practices in Indigenous territories<br />

disrupted traditional child-rearing practices, forcibly removed Indigenous peoples from their homelands<br />

and undermined traditional laws and governance structures. The imposition of colonial policies such as<br />

residential schools, the Sixties Scoop, 2 and the B.C. Adoption Act resulted in the removal of thousands<br />

of children from their homes, families and nations (First Nations Leadership Council Organizations,<br />

2012, p. 12). Colonization is not just an historical event in Canada – it has had, and continues to have,<br />

significant negative effects on the contemporary lives of Indigenous peoples in Canada.<br />

1 Population data on Indigenous persons is reported from the mandatory 2006 Census. The decision made by the<br />

former federal government to discontinue the mandatory Canadian long-form census in 2011 and to replace it with<br />

the voluntary National Household Survey resulted in serious gaps in demographic data. Caution should be exercised<br />

about <strong>Aboriginal</strong> child population estimates from the voluntary National Household Survey due to concerns about<br />

low response rates and resulting unreliable information.<br />

2 “Sixties Scoop” is a term coined by Johnson, 1983 and refers to large numbers of Indigenous children removed from<br />

their homes and fostered or adopted by non-Indigenous families.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 11


Background<br />

Figure 2: Indigenous Children and Youth in Care in B.C., Dec. 31, 2016<br />

7,010<br />

Total children and youth in care<br />

4,367<br />

(62%)<br />

Number of children in<br />

care who are <strong>Aboriginal</strong><br />

1,870<br />

(42.8%)<br />

Number of <strong>Aboriginal</strong><br />

children and youth in<br />

care served by DAAs<br />

2,497<br />

(57.2%)<br />

Number of <strong>Aboriginal</strong><br />

children and youth in<br />

care served by MCFD<br />

23<br />

Number of<br />

DAAs in B.C.<br />

12 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Background<br />

Figure 3: <strong>Aboriginal</strong> and Non-<strong>Aboriginal</strong> Children and Youth in Care (CYIC) 2006-2016*<br />

5000 Non-<strong>Aboriginal</strong> CYIC<br />

4589 4650 4584 4555 4500<br />

<strong>Aboriginal</strong> CYIC<br />

4447<br />

4384 4367<br />

4161<br />

4547<br />

4140<br />

4400<br />

3974<br />

4237<br />

4000<br />

3909<br />

3968<br />

3863<br />

3747<br />

3659<br />

3620<br />

3000<br />

2000<br />

1000<br />

In November 2014, MCFD began a project<br />

to improve the quality of electronically<br />

held data on children and youth in care.<br />

As a result of this data cleanup, the<br />

number of children and youth in care was<br />

revised downward by approximately<br />

1,000. In addition, the recording of a child<br />

or youth’s <strong>Aboriginal</strong> status became<br />

mandatory and therefore the number of<br />

children and youth in care who were<br />

recognized as being <strong>Aboriginal</strong> increased.<br />

2885<br />

2643<br />

0<br />

Dec-06<br />

Dec-07<br />

Dec-08<br />

Dec-09<br />

Dec-10<br />

Dec-11<br />

Dec-12<br />

Dec-13<br />

Dec-14<br />

Dec-15<br />

Dec-16<br />

* As of Dec. 31, 2016<br />

While residential schools and provincial child<br />

welfare systems had a devastating effect on the<br />

structure of Indigenous families, these schools<br />

were accompanied by the federal government’s<br />

systematic efforts to gain access and control<br />

over Indigenous lands. Treaties were signed<br />

between First Nations people living in the prairie<br />

provinces, northeastern B.C. and in some of<br />

the Territories. While the terms of these treaties<br />

continue to be violated, the lack of treaties in<br />

most of B.C. has made it even more possible<br />

for government officials to reallocate and reduce<br />

reserve lands. The loss of land limited First<br />

Nations’ access to fishing, hunting and trapping,<br />

and the remaining lands were insufficient<br />

From RCY’s Growing up in B.C. – 2015<br />

It is important to recognize that the disparities<br />

experienced by many <strong>Aboriginal</strong> children are a<br />

consequence of intergenerational challenges of failed<br />

government policies such as residential schools,<br />

Indian Act administration and negative stereotypes<br />

regarding the value of First Nations cultures and<br />

traditions, as well as multi-generational poverty,<br />

racism and discrimination<br />

— Dr. Jeff Reading, University of Toronto,<br />

Dalla Lana School of Public Health.<br />

to sustain agriculture or ranching. Despite resistance from First Nations communities, the loss of land<br />

combined with the attempt to eradicate culture through residential schooling severely undermined the<br />

economic and social success of many First Nations groups, as well as their ability to preserve traditional<br />

child rearing and family structures (McKenzie, et al., 2016). Also affecting this situation is the Indian Act,<br />

which formalizes an extensive system of colonial policies, practices and ideas directed at Indigenous people.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 13


Background<br />

The Sixties Scoop<br />

Until the 1950s, there were no child welfare services for on-reserve Indigenous people as the Indian Act<br />

of 1876, Canada’s oldest piece of legislation, did not address child welfare. Although a certain level of<br />

activity was undertaken by both the federal and provincial governments, there was no clear legal authority<br />

or delineation of responsibilities for child welfare. In 1951, the Indian Act was revised with the addition<br />

of section 88, making it possible to enforce provincial child welfare laws on Status Indians 3 living onreserve.<br />

Since then, the government of B.C. has been responsible for the delivery of child welfare services<br />

for all children, including Indigenous children living on- or off-reserve (Kozlowski, et al., 2012; RCY,<br />

2013; Sinha & Kozlowski, 2013).<br />

The breakdown of Indigenous families was accelerated in the 1960s by the removal, sometimes in mass<br />

numbers, of children from their families. As a recent report from the Office of the Child and Youth<br />

Advocate of Alberta describes, the 1960s “was the decade when non-<strong>Aboriginal</strong> Canadians became aware of<br />

the appalling living conditions on reserves. Instead of making reserves more livable, child apprehension workers<br />

were sent to remove children by the busload from what were deemed neglectful parents” (OCYA, 2016). 4<br />

Many of these so-called ‘scoop’ children were placed with non-Indigenous carers, in communities that<br />

were far from their original bands or reserves, resulting in the loss of their cultural and family connections<br />

(Blackstock, 2010). The consequences for these children and their families were tragic, with poor<br />

outcomes in mental health, educational and vocational success and future relationships (OCYA, 2016;<br />

Bennett, et al., 2005).<br />

The 1970s and Beyond<br />

In the 1970s, as part of a larger movement for self-government and autonomy, Indigenous organizations<br />

across Canada began to lobby the government to assume responsibility for child welfare within their own<br />

communities. In 1973, the first negotiated arrangement between a government and an Indigenous group<br />

was formalized, with an employee from the Blackfoot Band of Alberta being designated by the provincial<br />

government as a child protection worker, and the federal government agreeing to reimburse the band for<br />

services to children (Libesman, 2014).<br />

Despite numerous studies documenting the negative effects of removal of children from their families,<br />

the inordinate rate of removal of Indigenous children from their families continues in B.C. Federal and<br />

provincial child welfare funding policies described below have a significant influence on the excessively<br />

high numbers of Indigenous children coming into care. This legacy, combined with poverty and poor<br />

housing, contributes to family disruption, including child neglect – the primary reason Indigenous<br />

children are reported to child welfare authorities (First Nations Child & Family Caring Society, 2005).<br />

The high proportion of Indigenous children in contact with the child welfare system is of specific<br />

concern, given evidence showing poorer outcomes related to education, health and well-being for<br />

children and youth in care or receiving child welfare services than for the general child and youth<br />

population (Representative for Children and Youth & Office of the Provincial Health Officer, 2015).<br />

The high proportion of Indigenous children in care is also reflective of a system that discounts family as<br />

the preferred placement for children.<br />

3 The term “Status Indians” denotes a legal definition contained in the Indian Act.<br />

4 See also Bennett, Blackstock & De La Ronde, 2005.<br />

14 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Background<br />

In B.C., First Nations leadership has long identified the need to assume more responsibility and authority<br />

over their children. The shifting of responsibility for Indigenous child welfare has been ongoing since 1986<br />

with the establishment of the first DAA: USMA Child and Family Services (Nuu-Chah-Nulth Territory).<br />

In March 1996, MCFD created the <strong>Aboriginal</strong> Relations Branch and Policy Division to help support<br />

additional Indigenous groups that wished to develop delegated authority agreements (Walmsley, 2005).<br />

In the intervening years, several important agreements and developments occurred that were detailed in the<br />

2013 RCY report When Talk Trumped Service.<br />

Many of these historical efforts were about ensuring that First Nations groups could structure and control<br />

their own child welfare systems and could provide culturally based social services. This is often difficult<br />

because Indigenous cultural services must adhere to a Eurocentric provincial legislative framework.<br />

Despite extensive efforts by Indigenous leadership in B.C. to exert full authority and jurisdiction over<br />

child welfare matters to reflect community and cultural practices and policies, this has yet to occur in a<br />

successful and systematic manner (FNLC, 2016, p. 31; Rousseau, 2016, p. 46). In B.C., none of these<br />

extensive efforts has led to recognition of the inherent right of Indigenous peoples over child welfare, and<br />

all require some sort of delegated authority. This, combined with the reality that many First Nations do<br />

not have the resources to effectively deliver services in their communities, means that some groups are not<br />

in a position to fully exercise the rights of self-determination in relation to children and families (FNLC,<br />

2016, p. 32). First Nations have, however, clearly asserted their intention to address the issue of capacity<br />

through rebuilding and reinvigorating their own traditions for the protection of children (Ibid).<br />

Recent Events<br />

Numerous recent events and reports have described the urgent need to address historical wrongs<br />

associated with Indigenous child welfare in Canada. Many of these reports provide insights into the<br />

context of why DAA staff face significant challenges as outlined in the Findings and Analysis section of<br />

this report. A diagram that illustrates major Canadian and B.C. reports on Indigenous child welfare is<br />

found on page 20. Some of these reports and events are described below.<br />

When Talk Trumped Service<br />

The release of the 2013 RCY report When Talk Trumped Service examined MCFD’s oversight of funding<br />

for First Nations governance and child welfare issues. The report included a detailed overview of funding<br />

to DAAs and other Indigenous groups. When the report was released, it drew criticism from some<br />

Indigenous groups and created a media firestorm because of the incorrect assumption that the purpose<br />

of the report was to criticize Indigenous people for spending money without full accountability and<br />

without adequate service delivery to children, youth and their families. It was not the intention of the<br />

Representative to ignore or negate Indigenous child welfare governance approaches. In fact, When Talk<br />

Trumped Service was primarily meant to challenge the provincial government to establish a framework<br />

for progress on Indigenous child welfare issues and to have a plan for working with First Nations, DAAs<br />

and others toward an Indigenous child welfare system. Following the release of this report, MCFD<br />

cancelled funding initiatives related to governance and child welfare, and developed tighter mechanisms<br />

for reporting that, according to interviewees in this report, have had negative impacts on services for<br />

Indigenous children and their families.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 15


Background<br />

<strong>Aboriginal</strong> Children in Care: Report to Canada’s Premiers<br />

In July 2015, the Council of the Federation of Premiers released a report on the over-representation of<br />

<strong>Aboriginal</strong> children in care across Canada. This report, prepared by the <strong>Aboriginal</strong> Children in Care<br />

Working Group, examined the root causes of over-representation, noting the harmful and enduring<br />

impacts of colonial policies in the form of poverty, lack of food security, lack of stable and secure housing<br />

and mental health and substance use challenges, among others. This report noted the important role of<br />

prevention and early intervention programs in preventing Indigenous children from coming into care.<br />

The report profiled culturally-based and/or prevention focused promising practices from across the<br />

country. These programs highlight the importance of Indigenous engagement, including community<br />

involvement, in services that have focus on strengthening and preserving families. It called for provincial<br />

and territorial governments, along with the federal government, to work with Indigenous leadership to<br />

create a system of care that includes a supported, skilled and informed workforce (<strong>Aboriginal</strong> Children in<br />

Care Working Group, 2015).<br />

Closing the Circle<br />

In 2015, the BC Government and Service Employees’ Union (BCGEU) released Closing the Circle: A<br />

case for reinvesting in <strong>Aboriginal</strong> child, youth and family services, which supplemented its 2014 report on<br />

staffing issues at MCFD. Closing the Circle took a closer look at workers providing Indigenous services<br />

either through MCFD or through one of the 23 DAAs in B.C. Its findings highlighted problems<br />

with high workload, lack of sufficient training, retention, lack of trust between agencies, MCFD and<br />

families, and insufficient funding for culturally based services for Indigenous children, youth, families<br />

and their communities.<br />

Some of Closing the Circle’s recommendations focused on developing and implementing a comprehensive<br />

Indigenous child and youth policy framework, establishing a core MCFD business area for Indigenous<br />

services, convening a strategic planning roundtable and developing an Operational Performance and<br />

Strategic Management Report that focuses on outcomes for Indigenous children and families.<br />

The report called on the B.C. government to acknowledge the right of B.C. Indigenous communities<br />

to fully exercise jurisdiction over their own children and concluded that B.C.’s Indigenous child<br />

welfare system needed significant investments if it was to be more than a patchwork of underfunded<br />

services (p. 20). Following the release of BCGEU’s 2014 report on MCFD staffing issues, the ministry<br />

announced that it would add 200 more workers to its roster. However, no similar announcement for<br />

Indigenous services resulted from the 2015 follow-up report, Closing the Circle. The ministry has not<br />

reported to the DAAs on the status of the recommendations from this report that would directly impact<br />

these agencies.<br />

Truth and Reconciliation Commission of Canada (TRC)<br />

The TRC was created in 2008 under the terms of the Indian Residential Schools Settlement Agreement,<br />

reached in 2006 and approved by courts in 2007. The purpose of the Commission was to reveal the<br />

truth about church-run residential schools, to collect the stories of survivors, to honour the courage and<br />

resilience of survivors and to document the individual and collective harms of these schools. The TRC<br />

was also created to “guide and inspire a process of truth and healing, that could lead to reconciliation within<br />

Indigenous families, and between Indigenous people and non-Indigenous communities, churches, governments<br />

and Canadians more generally” (TRC, 2015a).<br />

16 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Background<br />

The reports of the TRC (2015a, 2015b) show that the mass incarceration of Indigenous children in<br />

residential schools led to multi-generational impacts that have had a profound and lasting effect on<br />

Indigenous peoples, communities and families. These schools were a “systematic, government sponsored<br />

attempt to destroy <strong>Aboriginal</strong> cultures and languages and to assimilate <strong>Aboriginal</strong> peoples so they no longer<br />

existed as distinct peoples” (TRC, 2015b, p. 107).<br />

Residential schools were also part of a national effort to conform Indigenous families to European<br />

settler notions of family and community (McKenzie, et al., 2016). These schools were aimed at<br />

separating Indigenous children from their parents and communities and resulted in many broken family<br />

connections and generations of Indigenous children growing up without parental support or the support<br />

of their extended family and community. Children sent to these schools were often subject to strict<br />

regimes of discipline, as well as physical and sexual violence that had long-lasting effects on families.<br />

The direct result for many children was the loss of family, community, culture, language and identity.<br />

To address the legacy of residential schools and to advance the process of reconciliation, the TRC made a<br />

series of calls to action on child welfare, education, language and culture, health, justice and the process<br />

of reconciliation (TRC, 2015c). The TRC’s recommendations on child welfare are included below.<br />

From the Truth and Reconciliation Commission (TRC, 2015, p. 5).<br />

In its dealing with <strong>Aboriginal</strong> people, Canada did all these things:<br />

• Canada asserted control over <strong>Aboriginal</strong> land. In some locations, Canada negotiated Treaties with First<br />

Nations; in others, the land was simply occupied or seized. The negotiation of Treaties, while seemingly<br />

honourable and legal, was often marked by fraud and coercion, and Canada was, and remains, slow to<br />

implement their provisions and intent.<br />

• On occasion, Canada forced First Nations to relocate their reserves from agriculturally valuable or<br />

resource-rich land onto remote and economically marginal reserves.<br />

• Without legal authority or foundation, in the 1880s, Canada instituted a “pass system” that was<br />

intended to confine First Nations people to their reserves.<br />

• Canada replaced existing forms of <strong>Aboriginal</strong> government with relatively powerless band councils whose<br />

decisions it could override and whose leaders it could depose. In the process, it disempowered <strong>Aboriginal</strong><br />

women, who had held significant influence and powerful roles in many First Nations, including the<br />

Mohawks, the Carrier, and Tlingit.<br />

• Canada denied the right to participate fully in Canadian political, economic, and social life to those<br />

<strong>Aboriginal</strong> people who refused to abandon their <strong>Aboriginal</strong> identity.<br />

• Canada outlawed <strong>Aboriginal</strong> spiritual practices, jailed <strong>Aboriginal</strong> spiritual leaders, and confiscated<br />

sacred objects.<br />

• And, Canada separated children from their parents, sending them to residential schools. This was done<br />

not to educate them, but primarily to break their link to their culture and identity.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 17


Background<br />

The Thin Front Line<br />

The 2015 RCY report The Thin Front Line reviewed budgeting and staffing practices at MCFD to assess<br />

the capacity of front-line child protection social workers to respond to child protection concerns in a<br />

timely manner. This report found that because of long-standing budget pressures at MCFD, the ministry<br />

does not have an adequate number of front-line child protection social workers. These staffing problems<br />

are made worse by heavy workloads, lack of coverage for vacancies and problems with recruitment and<br />

retention, particularly in rural areas. As a consequence of these conditions, supervisors do not have<br />

enough time to provide supervision or mentorship and front-line workers reported that it is very difficult<br />

to meet the timelines set out in ministry standards. The Thin Front Line found that these problems take a<br />

toll on workers and often prevent them from building relationships with the families they serve.<br />

2015 Plecas Report<br />

On July 24, 2015, MCFD announced that it would conduct a review of concerns arising from a case<br />

where, in 2009, four children were removed from the care of their mother based on the mistaken belief<br />

that she was suffering from a mental illness. In August 2015, retired government deputy minister Bob<br />

Plecas was appointed as a Director in order to allow him to conduct the internal ministry review. Due<br />

to procedural delays resulting from court appeals and applications to the Information and Privacy<br />

Commissioner related to the case, Mr. Plecas’ terms of reference were amended to allow him to write<br />

an “interim report on the comparative analysis of applicable legislation, policy, standards and practice and<br />

recommendations for the improvement of ministry and other systemic processes” (Plecas, 2015, p. 11). This<br />

interim report was released to the public on Dec. 14, 2015. Part two of Mr. Plecas’ review was slated to<br />

be released in spring 2016 although, to date, it has not been released.<br />

The Plecas report offered “wide ranging commentary, perspectives and recommendations on various aspects<br />

of the ministry, its staffing and organization, its funding, its operations and its expectations of its staff”<br />

(Representative for Children and Youth, 2016). The Plecas report went on to offer options for moving<br />

forward, including a multi-year plan entailing significant changes described by Plecas as a “roadmap”<br />

for the years ahead. The Plecas report lacks an Indigenous perspective and excludes input, analysis<br />

and recommendations from the DAAs. It is discussed in more detail in the Findings and Analysis<br />

section of this report.<br />

Canadian Human Rights Tribunal<br />

In 2007, the First Nations Child and Family Caring Society of Canada and the Assembly of First<br />

Nations filed a complaint under the Canadian Human Rights Act with the Canadian Human Rights<br />

Tribunal (CHRT) (First Nations Child and Family Caring Society of Canada et al. v. Attorney<br />

General of Canada [for the Minister of Indian and Northern Affairs Canada]). The foundation of the<br />

complaint was that INAC’s provision of services to Indigenous children and families living on-reserve<br />

and in the Yukon was discriminatory, on the basis of race and/or ethnic origin, because of inequitable<br />

federal funding to these services in comparison to funding of services for children living off-reserve<br />

(CHRT 2, 2016). After a number of unsuccessful attempts by the Canadian government to have the<br />

case dismissed, and after almost nine years of litigation, in January 2016 the CHRT found that the<br />

complaint was substantiated and that INAC’s funding practices were in violation of the Canadian<br />

Human Rights Act (CHRT 2, 2016). More discussion of the specific findings of the Tribunal is<br />

included in the Findings and Analysis section of this report.<br />

18 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Background<br />

2016 Leadership Forum<br />

Following on commitments made at the 2015 B.C. Cabinet and First Nations Leadership Gathering,<br />

in May 2016, the B.C. First Nations Leadership Council (FNLC), with support from the provincial<br />

government, held a gathering about First Nations child welfare. This gathering included elders, chiefs,<br />

advocates, experts, child-serving agencies, representatives from MCFD, B.C.’s Ministry of <strong>Aboriginal</strong><br />

Relations and Reconciliation, INAC, RCY and community members for a discussion of issues facing<br />

First Nations child welfare in B.C. The gathering was meant to “increase understanding of root causes and<br />

opportunities in order to ‘chart a new way forward’” in child welfare (FNLC, 2016, p. 2).<br />

As a result of this meeting, B.C. government officials acknowledged the need to take action at the local<br />

level to ensure that social workers collaborate with Indigenous communities in an effort to let them know<br />

where their children are. The B.C. government committed to working with Indigenous leadership and<br />

the federal government to address child welfare funding issues and to participating in a working group<br />

on the governance of child welfare issues. MCFD has also reported that the proceedings of the gathering<br />

have influenced the development of its Multi-Year Action Plan released in early 2017.<br />

Grand Chief Ed John’s Report<br />

In September 2015, MCFD appointed Grand Chief Ed John as special advisor on Indigenous child<br />

welfare in B.C. Grand Chief John was asked to advise and report to the B.C. government on three areas<br />

related to Indigenous child welfare:<br />

• Focus on improving permanency options and rates of Indigenous children in care, particularly for<br />

those with Continuing Custody Orders (CCOs)<br />

• Work to identify next steps for B.C. following the release of the Council of the Federation’s July 2015<br />

report, <strong>Aboriginal</strong> Children in Care – Report to Canada’s Premiers, and<br />

• Assist the Minister of Children and Family Development in developing advice to Cabinet on these<br />

matters as necessary (John, 2016, p. 8-9).<br />

Grand Chief John’s report, Indigenous Resilience, Connectedness and Reunification – From Root Causes to<br />

Root Solutions, released in November 2016, described many of the root causes for the over-representation<br />

of Indigenous children in care as well as the complex funding arrangements for Indigenous child welfare.<br />

He noted the importance of recent events, such as the release of the 2015 reports of Canada’s Truth and<br />

Reconciliation Commission, the report of the Council of the Federation of Premiers in 2015 and the<br />

2016 CHRT decision, for the future of Indigenous child welfare in B.C.<br />

To improve Indigenous child welfare, Grand Chief John recommended that governments and<br />

Indigenous leadership work together to address root causes such as poverty, lack of safe housing and the<br />

intergenerational effects of racist government policies and laws. Grand Chief John also recommended<br />

specific short-term actions that should be taken to improve legislative and administrative measures in<br />

child welfare. All recommendations contained within the report were grounded in the recognition of the<br />

inherent rights of Indigenous children and youth.<br />

Grand Chief John’s report highlighted the poor relationships that often exist between communities and<br />

MCFD, as well as between DAAs and the communities they serve, and recommended that nation-tonation<br />

protocols be established to support more respectful and cooperative relations going forward.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 19


Background<br />

Not Much has Changed: 16 Years of Major Reports<br />

on Indigenous Child Welfare<br />

The report also recognized the larger context of poverty and intergenerational trauma wrought by the<br />

history of colonialism, and appealed to government to make an effort to address structural issues such as<br />

poverty, housing and income supports. Grand Chief John’s discussion of federal funding for child welfare<br />

foreshadowed the findings of this report, including the flaws in federal funding formulas and the lack of<br />

funding for prevention services. Grand Chief John also heard from communities and DAAs that existing<br />

DAAs were originally designed to be an interim measure as part of the transition to full Indigenous<br />

jurisdiction in child welfare, but that little progress has been made on moving toward this goal (p. 169).<br />

More discussion of the implications of Grand Chief John’s recommendations is included in the Findings<br />

and Analysis section of this report.<br />

Figure 4: Not Much has Changed: 16 Years of Major Reports on Indigenous Child Welfare<br />

2016 Indigenous Resilience, Connectedness and Reunification Grand Chief Ed John<br />

2015<br />

2016<br />

2015<br />

Ruling of the Canadian Human Rights Tribunal<br />

<strong>Aboriginal</strong> Children in Care: Report to Canada’s Premiers<br />

Closing the Circle: A case for reinvesting in <strong>Aboriginal</strong> child,<br />

youth and family services in British Columbia<br />

2015 Report of the Truth and Reconcilliation Commission of Canada<br />

2011 Report of the Auditor General of Canada<br />

2008 Report of the Auditor General of Canada<br />

2000<br />

2005 Wen:de: We are Coming to the Light of Day<br />

National Policy Review (Assembly of First Nations, INAC)<br />

<strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong> in B.C.<br />

MCFD has legal authority under the CFCS Act and responsibility for the child welfare service needs<br />

of all children and their families in B.C. The B.C. Provincial Director of Child Welfare at MCFD<br />

negotiates and enters into delegation agreements with agencies. Through these delegation agreements, the<br />

“Provincial Director gives authority to <strong>Aboriginal</strong> agencies, and their employees, to undertake administration<br />

of all or parts of the CFCS Act. The amount of responsibility undertaken by each agency is the result of<br />

negotiations between the ministry and <strong>Aboriginal</strong> community served by the agency, and the level of delegation<br />

provided by the minister” (MCFD, 2017a).<br />

There are currently 23 <strong>Aboriginal</strong> agencies operating under a DAA model in B.C. As Figure 5 notes, DAAs<br />

across the province are delegated under the CFCS Act for one of three different levels of responsibility<br />

(voluntary services, guardianship, child protection). Eleven agencies are delegated to perform all child<br />

protection work, including investigations of child safety reports; eight can provide guardianship services<br />

to children and youth already in care; and four agencies provide only voluntary services. Two of the 23<br />

agencies, Lalum’utul’Smun’eem and Métis Family Services, are also delegated to perform adoptions under<br />

the Adoption Act. One of these 23 agencies provides services to Métis children and families (MCFD, 2016a;<br />

Bennett, 2015). As of Dec. 31, 2016, DAAs were responsible for approximately 43 per cent of Indigenous<br />

children and youth in care, which is just under 1,900 children (MCFD, 2016i).<br />

20 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Graphic 2<br />

Map of <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong><br />

Figure 2: Map of <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong><br />

Background<br />

Figure 5: Location Map: <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong><br />

Old Massett<br />

Skidegate<br />

Prince Rupert<br />

21<br />

New Aiyansh 17<br />

18<br />

14<br />

Hazelton<br />

Terrace<br />

Burns Lake<br />

15 Fort St. James<br />

Vanderhoof<br />

13<br />

Prince George<br />

22<br />

Bella Bella<br />

3<br />

20<br />

Williams Lake<br />

Nanaimo<br />

West Vancouver<br />

Duncan<br />

Saanichton<br />

Agassiz Victoria<br />

Vancouver Chilliwack 9<br />

Surrey Mission<br />

North Vancouver<br />

West Vancouver<br />

12<br />

11<br />

New Westminster<br />

Delta<br />

10<br />

Maple Ridge<br />

Langley<br />

Abbotsford<br />

23 Alert Bay<br />

Port Alberni<br />

8<br />

Lytton<br />

2<br />

1<br />

16 Saanichton<br />

19<br />

5 Merritt<br />

7<br />

6 Kamloops<br />

4<br />

Windermere<br />

Cranbrook<br />

Creston<br />

Level C6*<br />

1 Lalum’utul’ Smun’eem Child &<br />

Family Services (Duncan)<br />

2 Kwumut Lelum Child & Family Services<br />

(Nanaimo, Penelakut Island)<br />

3 Knucwentwecw Society (Williams Lake)<br />

4 Ktunaxa/Kinbasket Child & Family<br />

Services (Cranbrook, Creston,<br />

Windermere)<br />

5 Nlha’7kapmx Child & Family Services<br />

Society (Lytton)<br />

6 Scw’exmx Child & Family Services<br />

Society (Merritt)<br />

7 Secwepemc Child & Family Services<br />

Agency (Kamloops)<br />

8 Nuu-Chah-Nulth Tribal Council Usma<br />

Family and Child Services (Port Alberni)<br />

9 Fraser Valley <strong>Aboriginal</strong> Children and<br />

Family Services Society (Chilliwack,<br />

Mission, Agassiz, Abbotsford, Langley)<br />

10 Métis Family Services (Surrey)<br />

11 Vancouver <strong>Aboriginal</strong> Child and Family<br />

Services Society (Vancouver)<br />

Level C4**<br />

12 Ayas Men Men Child & Family Services<br />

(West Vancouver)<br />

13 Carrier Sekani Family Services<br />

(Prince George, Burns Lake, Vanderhoof)<br />

14 Gitxsan Child & Family Services Society<br />

(Hazelton)<br />

15 Nezul Be Hunuyeh Child & Family<br />

Services Society (Fort St. James,<br />

Prince George)<br />

16 Nil/Tu,O Child & Family Services Society<br />

(Saanichton)<br />

17 Nisga’a Child & Family Services<br />

(New Aiyansh, Prince Rupert, Terrace)<br />

18 Northwest Inter-Nation Family and<br />

Community Services Society<br />

(Terrace, Prince Rupert)<br />

19 Surrounded by Cedar Child and<br />

Family Services (Victoria)<br />

Level C3***<br />

20 Denisiqi Services Society<br />

(Williams Lake)<br />

21 Haida Child and Family Services<br />

Society (Old Masset, Skidegate)<br />

22 Heiltsuk Kaxla Child & Family Service<br />

Program (Bella Bella)<br />

23 K’wak’walat’si (‘Namgis) Child and<br />

Family Services (Alert Bay)<br />

* C6 - Full child protection services<br />

** C4 - Guardianship services<br />

for children and youth in<br />

continuing care<br />

*** C3 - Voluntary service delivery<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 21


Background<br />

There are two types of DAAs in B.C.: band or tribal council operated. These DAAs are part of a band<br />

or tribal structure. The other type of DAA is society operated and guided by an independent board.<br />

Societies can operate both land-based First Nation DAAs as well as urban-based DAAs.<br />

Two sets of standards apply to DAA social workers: ministry child welfare standards and the <strong>Aboriginal</strong><br />

Operational and Practice Standards and Indicators (AOPSI), both of which set out minimum standards of<br />

practice for DAA-based voluntary, guardianship and child protection services (MCFD, 2005).<br />

Quality assurance activities in DAAs are carried out by the ministry through case practice audits that<br />

check for compliance with AOPSI and other relevant ministry practice standards. 5 The audit process is<br />

intended to highlight areas of improvement for practice, provide a baseline measure for future reviews<br />

and identify strengths. The ministry also conducts periodic operational and financial compliance reviews<br />

(MCFD, 2016h).<br />

Services for Métis Families and Children<br />

The Daniels Decision, a 2016 Supreme Court of Canada ruling, declared that Métis and non-status<br />

Indians are “Indians” under s.91 (24) of the Canadian Constitution. This means that the federal<br />

government has legislative jurisdictional responsibility to address Métis peoples’ rights, interests and<br />

needs. This ruling does not mean that the Métis are entitled to the same benefits as Status Indians but<br />

allows for future discussion on the needs of Métis. It is unclear how the Daniels Decision will impact<br />

child welfare.<br />

The federal government has not acknowledged any responsibility for provision of child welfare services<br />

for Métis children and families (<strong>Aboriginal</strong> Children in Canada Working Group, 2015, p. 9). In fact,<br />

federal responsibilities towards Métis peoples in general are not well-defined. This general lack of clarity<br />

around roles and responsibilities has resulted in a mix of funding models and reporting structures for<br />

Métis services across the provinces and territories (Canada’s Premiers, p. 8). As of 2016, INAC does<br />

not provide funding to Métis child welfare services. Funding for off-reserve child welfare services is the<br />

responsibility of provinces (Sinha & Kozolowski, 2013).<br />

Funding for <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong><br />

How DAAs are funded can vary from agency to agency depending on a number of factors and, because<br />

of this, can have a significant impact on DAA staffing. How and who funds DAAs depends on a child’s<br />

legal status, where a child lives (on- or off-reserve), the existence of a DAA in the community, that<br />

agency’s level of delegated authority and the financial resources of the applicable MCFD service delivery<br />

area. Funding for DAAs thus involves a complex mix of sources and rules. A diagram summarizing<br />

funding arrangements is included in Figure 6.<br />

5 For examples of case practice audits of DAAs see: http://www2.gov.bc.ca/gov/content/family-social-supports/<br />

datamonitoring-quality-assurance/reporting-monitoring/accountability/aboriginal-case-practice-audits<br />

22 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Background<br />

Figure 6: Indigenous Child Welfare Service Delivery and Funding Structure<br />

Off-Reserve – DAA Served,<br />

Provincially Funded:<br />

Indigenous children including<br />

Status Indian children, served<br />

by urban DAA providing<br />

delegated services<br />

Off-Reserve – MCFD Served<br />

and Provincially Funded:<br />

All <strong>Aboriginal</strong> children,<br />

including Status Indian children,<br />

not served by urban DAAs, and<br />

for non-delegated services<br />

DAAS<br />

PROVINCE<br />

INAC<br />

On-Reserve – MCFD<br />

Served, Federally and<br />

Provincially Funded:<br />

Status Indian children<br />

eligible for federal funding,<br />

no band operated DAA<br />

On-Reserve – DAA<br />

Served, Provincially Funded:<br />

Indigenous children not eligible<br />

for federal funding, band operated<br />

DAA providing delegated services<br />

On-Reserve - DAA Served -<br />

Federally and Provincially<br />

Funded:<br />

Status Indian children eligible for<br />

federal funding, band operated<br />

DAA providing services<br />

Source: Adapted from When Talk Trumped Service: A Decade of Lost Opportunity for <strong>Aboriginal</strong> Children<br />

and Youth in B.C., 2013 report of the B.C. Representative for Children and Youth. This diagram was also<br />

included in Grand Chief Ed John’s 2016 report.<br />

Funding Arrangements On-Reserve<br />

The federal government funds First Nations Child and Family Services (FNCFS) on-reserve and in the<br />

Yukon through INAC. Child and family service agencies located on-reserve must adhere to relevant<br />

provincial or territorial laws in order to receive federal funding.<br />

Across Canada, the federal FNCFS applies four different child welfare funding approaches:<br />

1) funding arrangements with provinces and territories<br />

2) Directive 20-1<br />

3) the Enhanced Prevention Focused Approach (EPFA), and<br />

4) the 1965 Indian Welfare Agreement in Ontario.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 23


Background<br />

Of these funding approaches, only Directive<br />

20-1 applies in B.C. (see text box). Services are<br />

only funded when they are provided on-reserve,<br />

limiting the number of available options for<br />

children and families in smaller communities.<br />

This directive does not adequately cover the costs<br />

of prevention, family support or least disruptive<br />

options, such as placing a child with a relative<br />

(CHRT 2, 2016, para. 385). More discussion<br />

of Directive 20-1 and its impacts on Indigenous<br />

child welfare is included in the Findings and<br />

Analysis section of this report.<br />

When MCFD Provides Services<br />

on-Reserve<br />

INAC reimburses the province for the delivery<br />

of child and family services to certain First<br />

Nations communities on-reserve where there<br />

are no FNCFS agencies or an agency is not<br />

fully delegated. Eighty-four First Nation<br />

communities in B.C. receive services under<br />

the Service Agreement Regarding the Funding of<br />

Child Protection Services of First Nations Children<br />

Ordinarily Resident on Reserve (John, 2016, p. 32).<br />

The funding provided to B.C. under this<br />

agreement is not based on population levels or<br />

assumptions about children in care and families<br />

in need. Rather, the province is reimbursed for<br />

the actual costs or an agreed-upon share of the<br />

maintenance costs for children in legal care, for<br />

operational expenses for providing child and<br />

family services on INAC’s behalf. Included in<br />

this agreement are adjustments for inflation and<br />

increases in the costs of services, whereas DAAs<br />

Federal Funding Formula: Directive 20-1<br />

The federal government funds Indigenous child<br />

welfare through INAC. Of the four funding<br />

approaches used by INAC, Directive 20-1, which<br />

is only applicable to children who both live<br />

on reserve and are registered as status Indians<br />

under the Indian Act, is the only formula that<br />

applies to B.C. It has two main funding streams –<br />

maintenance and operations. Maintenance funding<br />

includes eligible reimbursable costs for children in<br />

care and some out of care options. Operational<br />

funding includes eligible costs of supporting the<br />

operations of an agency. The amounts provided<br />

in the operational funding formula are based<br />

on assumptions made in the early 1990s that<br />

on average, six per cent of the on-reserve child<br />

population will be in care, and that 20 per cent<br />

of families living on-reserve will require child and<br />

family services (CHRT 2, 2016, para. 128). There is<br />

no upward adjustment for agencies with more than<br />

six per cent of children in care.<br />

Of the four funding formulas used by INAC,<br />

Directive 20-1 provides the lowest level of funding.<br />

This formula is population-based, meaning the<br />

amount of operational funding received by agencies<br />

is dependent on the number of Status Indian<br />

children resident on a reserve. This formula does not<br />

provide funding for reserves where there are fewer<br />

than 250 Status Indian children. There are also<br />

substantial reductions in operational funding (up<br />

to 75 per cent) where fewer than 1,000 registered<br />

children are on-reserve (FNCFS, 2016b).<br />

do not receive these adjustments (CHRT 2, 2016, p. 119). In 2015/16, INAC agreed to reimburse the<br />

province $29.1 million for eligible MCFD employee costs, MCFD operational and maintenance costs,<br />

purchases services, operations, etc. (John, 2016, p. 110).<br />

Funding Arrangements Off-Reserve<br />

Child welfare services may also be provided to children and families living off-reserve. When this is the case,<br />

funding is solely the responsibility of the B.C. government, regardless of whether a child is a Status Indian<br />

or not. These services may be provided by either the ministry or a DAA. While many DAAs provide child<br />

and family services to children and families living either on- or off-reserve, in B.C. three DAAs provide<br />

services solely to off-reserve Indigenous children and families. Consequently, these three agencies receive<br />

only provincial funding.<br />

24 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Background<br />

Literature Review: Staffing Issues in Indigenous Child Welfare <strong>Agencies</strong><br />

The following is a brief review of existing literature on staffing issues in Indigenous child welfare agencies,<br />

organized by issue.<br />

Lack of culturally sensitive training and learning opportunities: Approaches used by mainstream<br />

child welfare agencies may not be appropriate for all Indigenous families and children (Libesman,<br />

2014). Thus, culturally based training and development opportunities are crucial to providing services<br />

to Indigenous families and to avoid loss of cultural identity for children placed outside of their families<br />

and communities (Libesman, 2004). These training opportunities can be limited at DAAs due to budget<br />

restrictions (Cemlyn, 2009; Pivot Legal Society, 2009; Southern First Nations Network of Care, 2010).<br />

As DAAs operate independently of one another, training opportunities that are available in one office<br />

may be impossible to obtain in another. At the same time, training needs are often not based on nationspecific<br />

principles and values.<br />

Competing child protection standards: Research shows that Indigenous social workers are often<br />

guided in their work by strong value-based motivations rooted in culturally based worldviews. These<br />

values and worldviews can be at odds with provincial child protection standards which may minimize<br />

significant cultural differences between Indigenous and non-Indigenous families and limit workers’ ability<br />

to interpret child protection policies in ways that are consistent with Indigenous traditions and practices<br />

(Rousseau, 2016; Walmsley, 2005; Bennett and Zubrzycki, 2003).<br />

Challenges associated with working in one’s own community: Although providing child welfare<br />

services in rural and remote areas is not unique to DAAs, social workers in Indigenous communities<br />

are more likely than other child protection staff to face challenges related to working in their own<br />

communities in rural areas. These challenges can lead to workers feeling highly visible in small, tightknit<br />

communities; being under continued scrutiny from members of those communities; facing possible<br />

conflicts between being a social worker and being a friend/member of the community they serve; and<br />

being privy to information gained informally within the community that may conflict with information<br />

learned through official channels (Schmidt, 2008). Community members may also be wary and<br />

suspicious of social workers because of the social work profession’s complicity in historic and ongoing<br />

oppressive practices toward Indigenous communities (Rousseau, 2016). For these reasons, trust between<br />

social workers and community members is extremely important to ensure the success of child welfare<br />

agencies (Southern First Nations Network of Care, 2010).<br />

Limited community resources: Some DAAs may be located in or near urban centres, where public<br />

transportation is frequently available and specialized services such as mental health or special needs<br />

programs are available. While the intention is to use standardized assessment tools and response times,<br />

interviewees reported that even in urban areas there can be long wait times for mental health services.<br />

Other DAAs may serve very rural and remote communities where there is no public transportation,<br />

where specialized services have extensive wait-lists, and where children and youth must travel outside their<br />

communities to receive assistance (BCGEU, 2015). These challenges can be further complicated by the<br />

reality that DAAs have limited access to funding for clients who must travel to receive support services.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 25


Background<br />

Lack of wage and benefits parity: Although some DAA social workers who are fully delegated receive<br />

salaries that are comparable with their counterparts in government, the range of benefits offered to DAA<br />

staff, such as maternity, extended health, disability and education leave, is generally inferior because of<br />

a lack of funding (BCGEU, 2015). Other social workers who are not fully delegated do not have wage<br />

parity. Lack of wage and benefits parity can contribute to challenges with recruitment and retention of<br />

qualified staff.<br />

High workloads: The level of complexity associated with cases tends to be much greater for workers<br />

in DAAs than for other workers because of the complex issues facing Indigenous families and the time<br />

commitments related to culturally based practice. Workloads can be higher for DAA staff because they<br />

often use a relational approach that includes extended family and community members in child safety<br />

planning. Their work can also involve more extensive service referrals and more time may be spent<br />

navigating protocols or coordinating with bands or other DAAs (BCGEU, 2015).<br />

BCGEU’s 2015 report Closing the Circle identified workload as the No. 1 issue affecting DAA social<br />

workers’ abilities to perform their duties. Closing the Circle found that nearly two-thirds of DAA social<br />

workers believed that their offices were not adequately staffed or resourced, with almost 40 per cent<br />

“strongly” believing that this was the case. The report also found that staffing issues were leading to staff<br />

burnout, stress or physical ailments, resulting in high rates of sick leave. Because of a lack of backfill for<br />

short-term leaves and delays in filling vacancies, workers reported covering caseloads of colleagues who<br />

were on leave or on vacation, leading to unmanageably large workloads. These workload issues were<br />

compounded by shortages of administrative staff, resulting in social workers covering administrative<br />

duties rather than working in the field (BCGEU, 2015; Schmidt, 2008).<br />

26 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Findings and Analysis<br />

Findings and Analysis<br />

Research, DAA staff interviews and analysis conducted for this report has led to a number of findings<br />

regarding service delivery to Indigenous children, youth and their families in B.C.<br />

What we found:<br />

• The federal funding models for DAAs are flawed and discriminatory, leading to more children<br />

ending up in care.<br />

• The uncertain status of provincial planning for Indigenous child welfare, combined with<br />

inequitable and inconsistent funding to DAAs, has resulted in differences in support for children<br />

depending on where they live.<br />

• Lack of trust and communication among DAAs, MCFD and INAC adversely affects service<br />

delivery to children, youth and families.<br />

• Funding issues leave DAAs short-staffed and unable to provide the comprehensive services that<br />

are needed.<br />

• Child welfare practice is undermined by funding and staffing issues.<br />

• The capacity of DAAs to offer culturally based prevention services is limited by staffing and<br />

funding issues.<br />

Details<br />

Finding: The federal funding system for DAAs is flawed and<br />

discriminatory, leading to more children ending up in care<br />

Funding for DAAs is determined by a complex and uneven combination of factors that includes<br />

delegation level, status of child and location of service provider. In addition to discriminating against<br />

Indigenous children and youth, INAC’s funding of Indigenous child welfare has not kept pace with<br />

inflation or other cost pressures, leading over time to shrinking pots of money available to provide<br />

services to children and families, particularly for prevention programs.<br />

The Ruling of the Canadian Human Rights Tribunal<br />

The ruling of the CHRT, released in January 2016, found that INAC’s funding practices for Indigenous<br />

child welfare agencies and programs are in violation of the Canadian Human Rights Act because of the<br />

racially discriminatory effects of the federal government’s approach to this funding. Even before the CHRT’s<br />

ruling, the federal government had been criticized for under-funding services for Indigenous children and<br />

not funding preventative and support services for families of children not in care, thus contributing to<br />

the over-representation of Indigenous children in care (Sinla & Kozlowski, 2013, p. 14). In fact, in 2008,<br />

the Auditor General of Canada found that federal funding formulas for Indigenous child welfare do not<br />

accurately reflect the work done by, or the actual costs associated with, the work of DAAs. 6<br />

6 INAC’s FNCFS program has been the subject of numerous reviews and reports: the First Nations Child and Family<br />

Services Joint National Policy Review (2000), the Wen:De reports (2004-2005), and two reports by the Auditor-General<br />

of Canada (2008, 2011).<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 27


Findings and Analysis<br />

The central finding of the CHRT was that INAC’s FNCFS program uses funding formulas such as<br />

Directive 20-1 that are racially discriminatory and outdated.<br />

One of the most damning findings of the CHRT is that INAC’s funding mechanisms actually incentivize<br />

the removal of Indigenous children from their families (CHRT 2, 2016; FNC&FCS, 2016b). Directive<br />

20-1 provides operational funds for agencies based on a fixed and flawed population-based approach<br />

that does not account for the real needs of children and families living on-reserve. But funding for costs<br />

related to taking and maintaining children in<br />

care are reimbursable at cost. If agencies lack the<br />

operational funds to provide services to support<br />

families to keep their children at home, they are<br />

forced to bring children into care to ensure their<br />

safety. In effect, this funding formula does not<br />

promote prevention or least disruptive measures<br />

for children and families, but rather promotes the<br />

removal of children from their homes.<br />

As one executive director reported, “Right now, we’re still being funded based on number of children in care.<br />

But if your ultimate goal is to keep children out of care, it’s a backwards set up.”<br />

This report found many of the same difficulties with the current funding mechanisms as identified by<br />

the CHRT. Federal funding models do not take into account socioeconomic circumstances, the impact<br />

of historical trauma, individual characteristics of communities and severely disadvantaged agencies that<br />

DAA Voices<br />

“Even a small decrease in the numbers of<br />

children resident on-reserve can result in<br />

large funding decreases.”<br />

“It [Directive 20-1] has a tremendous<br />

negative impact on our agency and that is<br />

due to the size of the communities that we<br />

serve. We serve four communities and our<br />

child population count hovers tenuously<br />

close to the 250 mark.”<br />

From Grand Chief Ed John’s Report (2016)<br />

“The result of Directive 20-1 has been the emergence<br />

of a child welfare system that places Indigenous<br />

children in care to access services, rather than<br />

providing services to promote Indigenous families<br />

staying together.” (p. 108)<br />

serve communities with small numbers of children. Some<br />

agencies reported that they are continually under threat<br />

of losing their federal funding because of declining child<br />

populations on the reserves they serve.<br />

Interviewees also echoed the CHRT’s findings that<br />

operational funding provided by INAC does not account<br />

for core funding issues such as infrastructure costs, legal<br />

costs, vehicles, technology or administrative staff. Nor<br />

does funding adequately cover supervised visits between<br />

parents and children in care or the time and costs of<br />

addressing the unique geographic challenges faced by<br />

some agencies.<br />

The lack of funding to cover cost-of-living increases along with increases in the cost of services has<br />

hampered the ability of these agencies to offer salaries, benefits and training competitive with non-<br />

Indigenous child welfare agencies.<br />

Alarmingly, Directive 20-1 provides no funding for informal care arrangements, an essential part of the<br />

service toolkit for DAAs. These arrangements support placing a child in the home of a relative and/or<br />

in the community without a court order, effectively serving as a least disruptive measure and ensuring<br />

cultural continuity for children. Agency representatives confirmed that they either have inadequate or no<br />

28 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Findings and Analysis<br />

funding for informal care arrangements. 7 Lack<br />

of operational funding to support informal care<br />

arrangements puts pressure on DAA staff to take<br />

children into legal care to address child safety<br />

concerns.<br />

The B.C. CFCS Act promotes the use of least<br />

disruptive measures that support families to safely<br />

care for children at home before considering<br />

removal, and mandates child welfare agencies to<br />

preserve kinship and a child’s <strong>Aboriginal</strong> identity<br />

(CFCS Act, 2.b and 2.f ). Because Directive 20-1<br />

From the Canadian Human<br />

Rights Tribunal ruling<br />

A failure of governments to invest in<br />

a substantial way in prevention and<br />

least disruptive measures is a false<br />

economy – the choice is to either<br />

invest now and save later or save now<br />

and pay up to 6–7 times more later<br />

(World Health Organization, 2004 as<br />

quoted in CHRT 2, 2016, p. 59).<br />

From Grand Chief Ed John’s Report<br />

In B.C., the Director’s decision to remove an<br />

Indigenous child, and a subsequent court order<br />

for that child’s placement in care, triggers federal<br />

funding payments. Alternative placements, where<br />

there is no court order, with extended family or the<br />

community for example, are not funded. In practice<br />

this has seen more children removed, and more court<br />

orders issued (p. 31).<br />

provides prevention and least disruptive measures on a fixedcost<br />

basis, and without sufficient funding, it is nearly impossible<br />

for DAAs to comply with provincial legislation. These funding<br />

deficiencies effectively result in an inequitable opportunity for<br />

Indigenous children to remain and/or be reunited with their<br />

families compared to non-Indigenous children.<br />

Finally, the CHRT also found that funding for prevention<br />

services and for culturally based services in Directive 20-1<br />

is negligible and has not increased in 25 years. This lack of<br />

prevention funding also does not align with the intention of the<br />

DAAs, which is to offer culturally based preventative supports<br />

to families and children<br />

The CHRT’s ruling ordered INAC to cease its discriminatory practices and reform its FNCFS program<br />

immediately, and to provide a comprehensive report indicating how it was addressing the findings in the<br />

Tribunal’s decision (CHRT 2, 2016).<br />

Further, in September 2016, the CHRT ordered INAC to take additional measures, including<br />

determining “budgets for each individual FNCFS agency based on an evaluation of its distinct needs and<br />

circumstances, including an appropriate evaluation of how remoteness may affect the FNCFS Agency’s ability<br />

to provide services” (p. 45). INAC was also ordered to cease the practice of reducing funding to agencies<br />

serving fewer than 251 eligible children and to fund these agencies based on an assessment of actual<br />

numbers of children in care and of families in need of services. INAC was told to produce a rationale<br />

that shows how it has adjusted funding approaches so that its approach to funding is not flawed and<br />

discriminatory (CHRT 16, 2016).<br />

7 In some cases, the costs of caregivers for informal care arrangements can be billed to INAC, but these agencies receive<br />

no operational funding to cover staff time to find suitable informal care arrangements. This forces agencies to use<br />

funding from other programs to support keeping children out of care.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 29


Findings and Analysis<br />

Finding: The uncertain status of provincial planning for Indigenous<br />

child welfare, combined with inequitable and inconsistent funding to<br />

DAAs, has resulted in differences in support for children depending on<br />

where they live<br />

The lack of both prudent planning and an overall provincial funding model for Indigenous child welfare<br />

persists in B.C., despite MCFD’s commitment in its Service Plan to “improve safety and well-being<br />

outcomes for <strong>Aboriginal</strong> children, youth and families” (MCFD, 2016e). Specifically, research conducted for<br />

this review showed that:<br />

• MCFD does not have a clearly defined method for determining the funding of DAAs based on an<br />

evaluation of the number of Indigenous children, youth and families in need of services.<br />

• The ministry does not have a rationale for addressing the distinct needs and circumstances of<br />

Indigenous children, families and their communities.<br />

• There is no standardized method for accounting for the unique needs of remote and small agencies,<br />

increases to inflation/cost of living, changes to provincial standards, the need for comparable salaries,<br />

benefits, training or other key operational costs.<br />

Ministry funding to the DAAs is provided in a similar manner to other contracted service providers –<br />

through time-limited contracts with specific deliverables – and is based on regional funding already<br />

decided by the ministry. Funding for each agency is negotiated on a regional basis between senior level<br />

regional ministry representatives and the executive directors of the DAAs, resulting in different contracts<br />

between regions.<br />

The Representative’s analysis of current funding contracts<br />

between MCFD and DAAs reveals that funding is<br />

allocated in an uneven way across the province, with<br />

contracts ranging from six months to two years. The<br />

results of differing contracts and their varied length<br />

impairs DAAs’ capacity to conduct long-term planning<br />

and is most notable in rural areas where a lack of funding,<br />

combined with few available community-based programs,<br />

continues to perpetuate inequities.<br />

DAA Voices<br />

Workers interviewed for this report decried<br />

the lack of transparency in how contracts<br />

are negotiated with MCFD, describing the<br />

approach as “divide and conquer.”<br />

Exacerbating the problem is the lack of standardization in how funding is allocated in MCFD regions.<br />

For example, the ministry funds some of the costs of children in care under DAA supervision, but<br />

these costs can be allocated either by block funding or by per diems per child – an entirely different<br />

approach that makes it difficult to compare one DAA’s funding to another. In addition, different<br />

agencies are funded based on varying salary grids and different operational costs (CHRT 2, 2016, p.<br />

124). In fact, some DAAs receive MCFD funding based on the number of children in their legal care,<br />

potentially creating the same problems as experienced with federal funding identified by the CHRT, i.e.,<br />

incentivizing bringing children into care.<br />

30 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Findings and Analysis<br />

The findings of this review echo the Representative’s 2013 report When Talk Trumped Service, as well as a<br />

2008 report from B.C.’s Auditor General – namely that, while MCFD espouses visionary plans and highlevel<br />

commitments to Indigenous child welfare, there is a disconnect between how the ministry plans for<br />

and supports Indigenous child welfare and how it supports actual service delivery.<br />

Furthermore, as in the 2008 report, this report finds that MCFD continues to lack the data it needs to<br />

determine both the service needs of Indigenous children and families and the staff resources required to<br />

provide appropriate levels of culturally based services. Nor does the ministry have an articulated model<br />

of service delivery that can address the unique experiences of diverse Indigenous populations in B.C.<br />

including on- and off-reserve and urban and rural communities.<br />

Several DAAs noted different, inequitable funding between their offices and MCFD offices regarding<br />

supplemental supports for foster parents, such as training, support, recruitment and retention. As one<br />

executive director said, “All the extra supplemental help and relief funds that foster parents get with the<br />

ministry, the ministry does not give us any of that funding.” While MCFD, for example, provides training<br />

for potential caregivers, most DAAs lack the funding to offer their own culturally based foster care<br />

training to potential caregivers.<br />

MCFD’s <strong>Aboriginal</strong> Service Innovations (ASI) is an example of a funding program that is meant to<br />

strengthen the capacity of agencies to offer culturally based services. The goals of this funding initiative<br />

include improving outcomes for Indigenous children in care and safely returning Indigenous children<br />

in care to their parents or, where that is not possible, finding temporary or permanent placements for<br />

them with relatives and/or community members. To date, this funding has been used in a variety of<br />

ways, including supporting family finders, kinship care and other culturally relevant support services<br />

(MCFD, 2016b).<br />

However, ASI is a time-limited proposal-based initiative without guarantees for future continued<br />

funding. Interviewees confirmed that while ASI has been important for supporting initiatives that would<br />

not otherwise be possible, it is still time-limited funding for programs that are essential to supporting<br />

the needs of Indigenous children and families. As Grand Chief John’s recent report on Indigenous child<br />

welfare in B.C. said, “There are no guarantees that ASI funds will be available for the following year, which<br />

severely jeopardizes program sustainability” (John, 2016, p. 171). A proposal-driven process also favours<br />

larger agencies that have the human resources to develop grant applications.<br />

Provincial Planning<br />

A review of MCFD’s 2016 <strong>Aboriginal</strong> Policy and Practice Framework (AP&P) (MCFD, 2016f), reveals<br />

that the framework contains little in the way of specifics for DAAs. This framework – while a promising<br />

description of the important values that must underscore Indigenous child welfare practice – was not<br />

accompanied by strategic planning for funding and governance of Indigenous child welfare in B.C.,<br />

or the role that DAAs will play in delivering services. MCFD has indicated that it plans to work with<br />

contracted service providers to implement this framework over a three-year period but, unfortunately,<br />

implementation has been devolved to the individual divisions of MCFD, potentially introducing<br />

fragmentation of efforts into this process (MCFD, 2016g).<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 31


Findings and Analysis<br />

Without an overarching plan, government has yet to make specific commitments regarding how the<br />

values and Indigenous approaches to service provision identified in the AP&P can be implemented in<br />

front-line service provision.<br />

MCFD’s recently released Multi-Year Action Plan makes more significant commitments to Indigenous<br />

child welfare that are promising but still in their early stages (MCFD, 2017b). The implementation of<br />

programs and services related to this plan and to Indigenous child welfare could be an important turning<br />

point. The extent of the changes and of their impact on the number of Indigenous children in care, will<br />

be key factors in determining the success of MCFD’s recent commitments.<br />

Both the December 2015 Plecas report and the November 2016 Grand Chief John report also highlight<br />

the confusing status of provincial planning for DAAs.<br />

Plecas’ report was received with alarm by a cross-section of Indigenous groups in B.C. who expressed<br />

deep concern that recommendations contained in his report would be the basis for sweeping reforms<br />

at MCFD. The report was prepared with no engagement or input from Indigenous groups, or DAAs,<br />

despite the fact that Indigenous children comprise the majority of children in care. While Plecas<br />

recommended an increase in front-line MCFD staff, he made no parallel recommendation for staffing in<br />

the DAAs. In fact, MCFD announced in the spring of 2016 that it would be adding 120 new workers as<br />

a result of Plecas’ recommendations, with no analogous commitments for DAAs (MCFD, 2016g).<br />

In May 2016, MCFD announced the appointment of an Advisory Panel with members external to<br />

government to oversee the implementation of the recommendations of Plecas’ report (MCFD, 2016c).<br />

However, criticism of the membership of this Advisory Panel was swift, with both the Representative<br />

and the First Nations Leadership Council criticizing the lack of consultation with First Nations groups<br />

and lack of Indigenous representation among the members of the panel (RCY, 2016b). In July 2016,<br />

MCFD announced that the Advisory Panel would be disbanded and the ministry would seek broader<br />

consultation and feedback on the implementation of changes recommended by Plecas (MCFD, 2016d).<br />

In contrast to the Plecas report, Grand Chief John’s report acknowledged the contributions of DAAs to<br />

child welfare, including their valuable experience and their evolving capacity to support communitybased<br />

solutions to the roll-out of “effective child welfare services delivered in a culturally appropriate manner”<br />

(p. 171). While many of the findings and recommendations in the John report have previously been<br />

brought forward to MCFD and First Nations leadership by DAAs, John’s report included details not seen<br />

before about provincial funding to DAAs, although it was short on recommendations for these agencies.<br />

In particular, John recommended that funding for child welfare be devolved to Indigenous control, but<br />

did not clearly specify the role that current DAAs would play in such a devolved funding arrangement.<br />

32 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Findings and Analysis<br />

Finding: Lack of trust and communication among DAAs, MCFD and<br />

INAC adversely affects service delivery to children, youth and families<br />

Research and interviews conducted for this report indicate that a lack of trust exists between MCFD<br />

and DAAs, and that DAAs have a limited relationship with INAC. The issue of underfunding to DAAs,<br />

coupled with poor communication and strained relationships, were found to affect the ability of DAAs to<br />

respond to the needs of vulnerable children, youth and families.<br />

Although some workers reported that they find<br />

relationships with MCFD to be mostly functional,<br />

and sometimes even positive, this was not the case for<br />

the vast majority of interviewees. Many interviewees<br />

commented on a range of issues that reflect deepseated<br />

problems between MCFD, INAC and DAAs.<br />

Many executive directors commented on an absence<br />

of trust between MCFD and DAAs, particularly<br />

related to decisions about how to respond to the needs<br />

of families and children. Respondents described the<br />

DAA Voices<br />

“I think when it becomes a bit more<br />

challenging is when push comes to shove and<br />

we’re not in agreement, then the ministry<br />

does pull power – and then they often do shut<br />

the door on us, they communicate less, they<br />

involve us less, and they tend to then have<br />

more meetings without us with families.”<br />

hierarchical relationship that often emerges when differences of practice arise related to families, and that<br />

MCFD does not treat them as full partners.<br />

Some executive directors described MCFD’s approach as more punitive and judgmental of families and<br />

less focused on family reunification. DAA social workers also reported a general lack of cooperation with<br />

DAAs and a paternalistic attitude toward DAA staff.<br />

Several executive directors commented that any positive working relationship with MCFD is the result of<br />

extensive efforts at relationship-building by DAAs.<br />

One of the key findings of the 2015 RCY report, The Thin Front Line, was that there is a high turnover of<br />

MCFD social workers across many offices. Many DAA executive directors confirmed that staff turnover<br />

in local MCFD offices presented significant challenges to the continuity and stability of the relations<br />

between the two offices. This can be particularly challenging in rural areas where MCFD social workers<br />

are continually changing because of the ministry’s difficulties with staff retention.<br />

Many executive directors reported that relationships with MCFD’s provincial office were, at best,<br />

difficult and, as they went up the management chain at MCFD, the relationship became more strained.<br />

Others commented that this relationship can also be unpredictable, with the provincial office at times<br />

inconsistent in its decision-making and insensitive to the demands it places on DAA staff.<br />

Relationships are also affected when MCFD issues changes to policy and procedures but does not provide<br />

adequate training resources to the DAAs to support the implementation of these changes. This lack of<br />

training is particularly concerning given the reality that DAAs, under federal legislation, must conform to<br />

provincial legislation and standards.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 33


Findings and Analysis<br />

While MCFD claims that its relationship with DAAs is based on a partnership, the reality on the<br />

ground is different. Overall, DAA executive directors described MCFD provincial office staff talking<br />

down to DAA staff or failing to appreciate the unique contributions that DAAs make to child welfare.<br />

Several DAAs also noted that the ministry does not take them seriously and often overrules child welfare<br />

decisions they make.<br />

Some noted that the relationship with<br />

MCFD declined even further after<br />

the release of the December 2015<br />

Plecas report because of the lack of any<br />

reference to the DAAs and the issues<br />

facing Indigenous families and children.<br />

On the federal side, most DAAs reported<br />

having a very limited relationship with<br />

INAC, describing their frustrations<br />

with INAC staff turnover in B.C. Other<br />

executive directors said: “I don’t even<br />

know who my advisor is down there. One<br />

hasn’t been assigned to me.” Some agency<br />

directors reported that INAC asks for<br />

their feedback and participation on<br />

committees, but rarely does this work go<br />

anywhere. Executive directors also noted<br />

that the relationship with INAC is not<br />

a trusting one. In fact, most executive<br />

DAA Voices<br />

“I don’t know how many [INAC] funding service officers<br />

I’ve had in the last three years. I can’t even count … it’s<br />

probably over 10? No – not a good relationship [with INAC].<br />

It has never been a good relationship.”<br />

“We’ve done all this work [with INAC] and it’s sitting there<br />

doing nothing. Exceptional Costs Committee, I sat on<br />

that. It’s doing nothing. The Enhanced Prevention Focused<br />

Approach. I spent tons of time on that and there were<br />

people doing that long before I came along. And every time<br />

[INAC] realized it was costing them more money, they just<br />

shut the door.”<br />

“Federally, there’s a lack of trust, there’s a lack of<br />

collaboration, there’s a lack of partnership because they<br />

make a decision in Ottawa that adversely affects us and<br />

then there’s nothing that we can do. It’s very paternalistic.”<br />

directors were quite pointed about not only their lack of trust in INAC, but the lack of any meaningful<br />

contact they have with this federal department.<br />

Finding: Funding issues leave DAAs short staffed and unable to provide<br />

the comprehensive services that are needed<br />

DAAs reported that they do not receive enough funding from INAC or MCFD to adequately cover<br />

required staffing and costs of service delivery to children, youth and families. This lack of funding results<br />

in clear repercussions for recruitment and retention of qualified staff, in part because of wage and benefits<br />

disparities with MCFD. <strong>Agencies</strong> are forced to cope with this situation in a number of ways, sometimes<br />

by redeploying funding from urban-based programs, limiting staff wage and benefit increases or reducing<br />

service levels. Insufficient staffing also leads to high workloads, which in turn can lead to staff departures.<br />

34 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Findings and Analysis<br />

Staffing levels and coverage<br />

Interviewees for this report clearly indicated that staffing levels in their agencies were insufficient to<br />

adequately address all incoming reports of child safety concerns in a timely manner. Compounding<br />

this challenge is the reality that staffing levels in<br />

most agencies fluctuate due to staff leaves, staff<br />

turnover and one-time project funding. All social<br />

workers reported that they provide coverage for<br />

absent colleagues and that there is insufficient staff<br />

coverage for sick and maternity leaves. In addition,<br />

few inflation-related funding increases from<br />

INAC mean that staffing levels in some agencies<br />

have declined over the years, leaving more work<br />

distributed among fewer colleagues. Small agencies<br />

feel the pinch the most since even just one staff<br />

member being away greatly impacts a team. As<br />

one interviewee said:<br />

“There needs to be a contingency plan for when<br />

people leave, otherwise cases stay open for a long<br />

time as they go from worker to worker and it’s<br />

hard to find out where all the documentation is.”<br />

Recruitment and retention issues<br />

Executive directors and their staff reported<br />

that recruitment and retention of experienced<br />

delegated workers is a considerable challenge for<br />

most DAAs. Turnover in these agencies appears<br />

to be high, and in several cases, interviews for this<br />

report took place just after or during a time when<br />

teams were going through significant changes in<br />

personnel, particularly at the team leader level.<br />

Recruitment and retention is made more difficult<br />

by funding challenges, with most executive<br />

directors unable to offer new and existing staff<br />

comparable wages and benefits to those offered<br />

<strong>Aboriginal</strong> Operational and Practice<br />

Standards and Indicators (AOPSI)<br />

Caseload Guidelines<br />

The 2009 AOPSI caseload guidelines address<br />

the maximum number of cases a worker should<br />

be allowed to carry at one time for voluntary,<br />

guardianship and child protection services.<br />

These guidelines must be weighted by severity<br />

of risk, geography, need for travel, remoteness<br />

and accessibility.<br />

The AOPSI standards suggest that:<br />

• workers providing voluntary services not have<br />

more than 25 files at any one time<br />

• workers providing guardianship services not<br />

have more than 20 files at any one time<br />

• workers providing child protection services not<br />

have more than 20 files at any one time.<br />

AOPSI includes the following caveat on these<br />

standards. “Note: This standard has been<br />

included at the request of the FNFCS agencies.<br />

The First Nations Director of Child Welfare regards<br />

these as guidelines rather than standards.”<br />

During interviews for this report, DAA social<br />

workers were each asked to estimate the<br />

size of their current caseload. The reported<br />

average was 30 cases each, suggesting that<br />

agencies have caseload pressures exceeding the<br />

recommended guidelines.<br />

by MCFD offices. Because the majority of social workers are women, DAAs find themselves in a doubly<br />

difficult position as they cannot match the maternity benefits offered by MCFD. Recruitment problems<br />

are compounded for smaller agencies located in rural areas, who generally have less funding flexibility<br />

to offer competitive wages. <strong>Agencies</strong> located in rural areas can also experience recruitment challenges<br />

because these areas can be seen as less desirable. Team leaders in small rural agencies echoed the<br />

difficulties of recruitment, noting that it can take up to six months to fill a vacant social worker position.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 35


Findings and Analysis<br />

Executive directors described how some social workers<br />

use DAA employment as a stepping stone or shortcut<br />

to get their delegation before obtaining employment at<br />

MCFD. The lack of parity in wages and benefits is even<br />

more noticeable when MCFD workers are seconded to<br />

fill vacancies in DAAs, as they continue to receive higher<br />

wages and benefits than what agency employees are<br />

earning for the same work. This lack of parity in wages<br />

and benefits creates unnecessary competition between the<br />

DAAs and MCFD to meet their staffing needs.<br />

DAA Voices<br />

“Some people leave the agency because<br />

they have to pay their own MSP premiums<br />

and it is very expensive”<br />

“MCFD has perks that the DAA can’t afford<br />

such as Pacific Leaders and MSP.”<br />

Because of recruitment challenges, executive directors noted that they often hire inexperienced and<br />

undelegated staff and support them through their training and delegation processes. These workers<br />

require more support from team leaders and more experienced colleagues, adding further pressure. The<br />

continuous cycle of hiring, training, and mentoring new workers only to lose them to employment in the<br />

ministry or elsewhere is exhausting for most agency employees.<br />

While the 2015 RCY report on staffing issues at MCFD noted similar findings, the situation for DAAs<br />

is not the same as at the ministry. Executive Directors reminded the RCY that the vision for most<br />

agencies, along with the expectation of their communities, is that social workers practice in a culturally<br />

based manner as well as provide mentorship and training opportunities for community members. These<br />

expectations place even more pressure on agencies to provide training and work in ways that do not easily<br />

accord with ministry approaches to practice.<br />

High workloads and caseloads<br />

Interviewees told the Representative that challenges with<br />

workload are part of the everyday life of DAAs as they<br />

routinely deal with a steady flow of incoming child safety<br />

reports. Because child safety concerns must be dealt with<br />

immediately, these reports take priority, forcing other<br />

responsibilities to the side of the desk.<br />

Child safety reports are particularly demanding as social<br />

workers must visit and properly assess several families,<br />

sometimes seeing multiple families in one day.<br />

Workers were not the only ones to report heavy<br />

workloads; team leaders can work up to 10 hours<br />

a day and then be faced with doing paperwork after<br />

hours to catch up.<br />

DAA Voices<br />

“There’s just not enough time; you end up<br />

putting out fires and making sure kids are<br />

safe, and the rest falls to when you can get<br />

back to it.”<br />

“I’m coming to work to put out fires<br />

for that day, until another one starts<br />

tomorrow.”<br />

“[It is] phone call after phone call. I would<br />

just get off the phone and there would be<br />

another.”<br />

“I would like to plan but there are too<br />

many emergencies. I often go out on cases<br />

[visiting families] and they turn out to be<br />

more than I expected.”<br />

36 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Findings and Analysis<br />

Geography impacts workload<br />

Many rural DAAs serve multiple communities, some only accessible by rough roads, air or water.<br />

Interviewees noted that traveling time to visit families from numerous small and geographically<br />

spread-out communities has a huge impact on workload. As one social worker said, speaking for many:<br />

“I can fit three or four visits into the day in urban areas, whereas one rural visit can take the whole day.”<br />

Many agencies have small child protection teams, and this, combined with long travel times, results in<br />

children and families getting fewer visits. The impacts on staff include not only increased workload but<br />

also increased levels of exhaustion, particularly as visiting remote communities means long work days.<br />

Urban-based agencies are not necessarily immune to these challenges as they often serve both rural and<br />

urban communities.<br />

A routine part of a child protection social worker’s responsibilities includes appearing in court to support<br />

applications for Temporary or Continuing Custody Orders. In remote communities, courts can be<br />

located up to three hours away and this can compound workload beyond any worker’s capacity to plan.<br />

ICM and too much paperwork<br />

Workers and team leaders alike offered<br />

some of their most pointed criticism for<br />

the Integrated Case Management (ICM)<br />

computer system, and commented on<br />

how unnecessarily complex it is in terms<br />

of data input. ICM is often difficult to<br />

access in rural areas and connections are<br />

slow or are often dropped in the middle<br />

of a session. Family visits can also be<br />

challenging for workers when ICM fails<br />

in the middle of an assessment, sometime<br />

resulting in the loss of work.<br />

Workers reported that entering data into<br />

ICM is time-consuming and falls victim<br />

to high workloads. Workers often have<br />

to choose between getting the paperwork<br />

done and seeing families, reporting that<br />

paperwork is so extensive that “it doesn’t<br />

allow for enough home visits.”<br />

DAA Voices<br />

“The paperwork has grown. You now have to put the<br />

assessments in the computer and also do vulnerability<br />

assessments, safety assessments, plans etc. Paperwork<br />

takes up 60 per cent of my time.”<br />

“There’s too much paperwork. It keeps me and my admin<br />

staff here until 7 at night to get it finished.”<br />

“We are just paper pushers. Time with families is<br />

becoming less and less important in our work.”<br />

“I would rather spend three days a week with families<br />

than trapped at my desk trying to make ICM work.”<br />

“We’re spending more time here [in the office] than we<br />

are with the families.”<br />

Some interviewees also described how documenting so much information about a family in ICM is an<br />

obstacle for working culturally in the oral form, where healing and changes can happen with families.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 37


Findings and Analysis<br />

The high level of reporting required by MCFD can also be an obstacle, as described by one interviewee:<br />

“… when I spend most of my time informing MCFD policies and writing reports so that we can maintain our<br />

funding, then in my opinion they need to start paying my wage because I’m doing their work for them, and<br />

they’re not providing any additional resources for agencies to do their work, to inform their policies, to educate<br />

their employees.”<br />

Lack of training<br />

Social work is a constantly evolving field of professional practice. Workers need to stay current on new<br />

standards and policies, as well as the evolving and dynamic field of culturally based practice. Many<br />

executive directors, social workers and team leaders in both rural and urban agencies described the<br />

difficulties of accessing training that is often only available in the Lower Mainland, and were deeply<br />

troubled about how lack of training negatively impacts their work with families. Some interviewees also<br />

reported that they are invited to local ministry training events at the last moment or not at all. Smaller<br />

rural DAAs have even more challenges accessing training because of lack of funding, long travel times,<br />

and lack of staff coverage.<br />

Impacts on staff<br />

The impact of these staffing issues on staff was apparent in the interviews. Workers talked about working<br />

long hours, feeling stressed about workload and never being able to get caught up. Some workers<br />

reported that lack of access to supervision, along with turnover and lack of more experienced colleagues,<br />

adds to their stress levels. All of these factors combine to create enormous pressure on workers. One<br />

worker summed up her challenges in this way:<br />

“I want to be more effective but when I’m like this, how can I be effective with the families I’m<br />

working with? The pressure to do well, and I’m behind on paperwork … and I’m so far behind it<br />

weighs on my mind. I strongly believe our people come first and paperwork should come last.”<br />

Workers commented on how the cycle of stress and burnout leads to more stress, which can lead to<br />

medical leave. In turn, many agencies find it very challenging to provide staff coverage for medical leaves,<br />

or they must use auxiliary or float workers who are not delegated and cannot carry out all child safety<br />

responsibilities. As a result, the work continues to pile up, putting more stress on the remaining workers.<br />

Finding: Child welfare practice in DAAs is undermined by funding and<br />

staffing issues<br />

The quality of on-the-ground DAA-based child welfare practice is undermined by a lack of funding,<br />

inadequate staffing and challenges with workload. The challenges of DAA staff to meet the expectations<br />

of the communities they serve as well as comply with ministry standards are evident in social workers’<br />

concerns about a lack of adequate supervision and clinical advice.<br />

38 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Findings and Analysis<br />

Problems with supervision<br />

Clinical consultation is an important part of child welfare practice and is even more important in<br />

agencies using Indigenous approaches to child safety. These skills are not often taught in university based<br />

social work schools and are a rapidly evolving approach to social work practice. This means that it is even<br />

more crucial that team leaders have the time to work with social workers to develop these skills. The<br />

interviews for this report show that the continuous cycle of recruitment and high workloads contributes<br />

to insufficient quality supervision. This was evident in the reality that, while most social workers reported<br />

that they had daily contact with their team leaders, few team leaders had time to provide scheduled<br />

clinical supervision sessions.<br />

Less experienced social workers often turn to more senior colleagues for help, but even these supports<br />

are limited by workload pressures. One social worker summed up the sentiments of many interviewees<br />

about lack of clinical consultation with colleagues: “Even if social workers could get together and talk about<br />

cases, it would be more helpful as everyone would know what was going on with each caseload. There are<br />

hardly any team meetings.” Most team leaders confirmed that they use an “open door” approach with staff<br />

to provide required approvals and to respond to questions and concerns about cases. At the same time,<br />

team leaders are in a constant cycle of training and mentoring due to turnover of staff or because workers<br />

are inexperienced and require more support, and they reported that their capacity to offer one-on-one<br />

supervision is compromised by heavy workloads.<br />

Complying with standards<br />

Almost all executive directors readily agreed that average caseloads carried by workers were too high and<br />

in almost all cases exceeded the required standards.<br />

Because of high caseloads, social workers have difficulty<br />

meeting timelines set out in standards. Social workers<br />

repeatedly told RCY interviewers that the timelines<br />

required by child protection standards had to be<br />

negotiated depending upon workload and staffing levels.<br />

Travelling to remote locations, sometimes by boat or<br />

float plane, contacting families living in remote areas<br />

and completing all necessary assessments are made<br />

increasingly difficult when positions are vacant and staff<br />

are on leave.<br />

DAA Voices<br />

“The work is not about the standards,<br />

it’s about the kids – the work is always<br />

happening, but the documentation may<br />

be delayed.”<br />

“I can count on one hand the number of<br />

files I’ve closed in the ‘required’ 30 days.”<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 39


Findings and Analysis<br />

No social workers or team leaders reported that they can readily meet timelines required by standards,<br />

although they certainly emphasized that they try to do everything they can to make sure children are safe.<br />

Executive directors, too, admitted that timelines are difficult to meet given the combination of factors<br />

such as understaffing, workload, and geography. Challenges with meeting required standards are evident<br />

in the number of child safety incidents open beyond the required timelines (see below).<br />

Figure 7: Open Incidents* By Days Open, Dec. 31, 2016<br />

Social workers must complete an investigation or a family development response within either 30 or<br />

45 days of receipt of a report of a child safety concern. The data in the following table was provided by<br />

MCFD and shows the number of DAA child safety incidents open on Dec. 31, 2016. As the table shows,<br />

there were 1,266 incidents open at this time (71.5% of open incidents) for more than 90 days.<br />

Table X: Open Child Protection Incidents by Days Open, Dec. 31, 2016<br />

Days open Number %<br />

30 or fewer 162 9.2<br />

31 to 90 342 19.3<br />

91 to 180 307 17.3<br />

181 to 365 378 21.4<br />

366 to 732 184 10.4<br />

More than 732 397 22.4<br />

Total Open Incidents 1,770 100<br />

Source: MCFD<br />

*Social workers screen all reported child safety concerns to determine whether the report requires a<br />

protection or non-protection response. If a report is deemed to require a protection response, the<br />

assessment phase must be completed within 30 days of receiving a report. This time line can be<br />

extended with the supervisor’s approval. If the incident is deemed to require a family development<br />

response, a family plan is developed with 15 days of completing the assessment.<br />

Other work-related tasks can also contribute to heavy workloads. Some social workers, for example,<br />

described participating in agency fund-raising activities to support children in care and youth who are<br />

about to transition out of care; child protection social workers reported covering for absent administrative<br />

staff or guardianship or resource workers.<br />

40 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Findings and Analysis<br />

Impacts of child welfare practice: lack of appropriate and available<br />

resources<br />

Social workers and team leaders alike often mentioned the issue of insufficient support services in their<br />

communities, including mental health services and respite and foster placements for children in their<br />

care. In fact, the shortage of foster homes was one of the most often-reported work stressors. The lack of<br />

equity in the funding for informal care arrangements was also reported to be a barrier to the recruitment<br />

and retention of respite care homes. The need to respond immediately to child safety reports can limit<br />

workers’ ability to respond to other pressing child welfare matters. Guardianship responsibilities such as<br />

visiting with children in care or with foster parents can be pushed aside, resulting in fewer supports for<br />

these children and lack of both oversight of, and support for, foster parents.<br />

Some agencies reported that they simply don’t have the funding that would help retain foster homes, and<br />

that resources to support DAA foster families are not as readily available as they are for MCFD foster<br />

homes. Many agencies also worried about the lack of funding to train foster parents, particularly for<br />

culturally based training. They also emphasized that this training must be nation-specific, and designed<br />

and delivered by the agency and community. Despite these challenges, social workers said they continue<br />

to do what they can to find family members who can take in children when child safety issues arise.<br />

Lack of CYMH and other services<br />

Social workers expressed deep concerns about the lack of CYMH services in their regions. As one<br />

worker said, “We can’t get CYMH services for our youth; either [the youth] are too young or they don’t<br />

qualify or we can’t get hold of CYMH services.” Another noted that CYMH had prohibitively long wait<br />

times for accessing services or “… youth were turned down because they had to deal with other issues first<br />

e.g. alcohol and drug use].” One worker described a commonly noted problem with lack of resources in<br />

small communities:<br />

“There are three [mental health] counsellors in town<br />

who are supposed to be dealing with youth. Not one of<br />

them is a female. And that’s a huge barrier, because we<br />

have these young girls that are cutting, and a lot of it is<br />

related to abuse at the hands of a man. How are they<br />

going to feel going to a man and talking about this stuff?<br />

So we’ve got kids that are screaming for help.”<br />

DAA Voices<br />

“If we want to support families, we have no<br />

money to do so. Even providing them with<br />

a swim pass or giving them food – it’s only<br />

for kids who are in care.”<br />

“We’d love to be able to offer an intensive<br />

parent support service that’s an in-homebased<br />

kind of service that’s highly tailored<br />

to individual needs and is not time-limited.”<br />

Many interviewees confirmed the CHRT findings that<br />

DAAs lack sufficient resources to provide adequate<br />

prevention and early intervention programs, including<br />

parenting programs and early childhood education supports such as daycare. For small agencies, the<br />

challenges are even greater because of a lack of funding to cover basic supports. While a few agencies have<br />

been funded by MCFD to provide CYMH services, many are not. Compared to DAAs located in large<br />

urban centres, smaller, more remotely located agencies were more likely to report that family and child<br />

services are often limited in their local area. This lack of services in small communities make it much more<br />

difficult for parents to access support services that could help them keep their children out of care.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 41


Findings and Analysis<br />

Finding: The capacity of DAAs to offer culturally based prevention<br />

services is limited by staffing and funding issues<br />

The CFCS Act identifies the family as the best environment for children and, where needed, section 5 of<br />

the Act gives an MCFD Director the power to engage a range of services for families to prevent children<br />

from coming into care. The preservation of a child’s positive Indigenous identity is also a stated goal in<br />

the CFCS Act, and DAAs are committed to achieving this goal. However, current funding and staffing<br />

issues present insurmountable barriers to meeting the requirements of legislation and also offer culturally<br />

based prevention services. This is particularly the case for smaller and/or more remotely located agencies.<br />

Interviewees for this report<br />

confirmed what numerous reports<br />

and rulings have already found:<br />

that a huge gap exists between<br />

the services agencies can offer,<br />

and what programs and supports<br />

they need to keep children out of<br />

care. Almost all agencies identified<br />

both community level services<br />

and intense family preservation 8<br />

work as key to addressing the<br />

historical effects of colonialism,<br />

and they stressed that prevention<br />

services for Indigenous families<br />

must be culturally based to be<br />

most effective.<br />

The goals of culturally based<br />

services include supporting<br />

and fostering a child’s positive<br />

Indigenous identity, and<br />

enhancing family and community<br />

strengths and healing through<br />

programs that involve community<br />

participation and control (e.g.<br />

naming ceremonies, homecoming<br />

ceremonies, puberty rights).<br />

DAA workers described schoolbased<br />

programs, early childhood<br />

education, parenting programs<br />

and more supports for parents<br />

What are culturally based practices?<br />

Culturally based practices focus on enhancing a child’s<br />

Indigenous identity, culture and heritage. These practices enrich<br />

community strengths and healing, often through programs that<br />

involve community participation and control. In the absence<br />

of funding to work at the community level, Indigenous child<br />

welfare organizations have created a range of initiatives to<br />

support cultural connections and positive cultural identity for<br />

children in care. Some of these initiatives include:<br />

• Cultural plans: these plans go beyond MCFD requirements<br />

for care planning and take into consideration how children’s<br />

connections with birth families and communities can be<br />

maintained from the first contact with the child welfare system.<br />

• Life books that record memories and key life events as children<br />

and youth in care move to different placements. These books<br />

might include photos of birth families and siblings, information<br />

about home communities, nations and language.<br />

• Materials on cultural traditions and teachings specific to a<br />

child’s community.<br />

• Welcome home feasts and celebrations for children in care<br />

from around the province when returning to home territories.<br />

• Involving children in care in cultural events and teachings,<br />

including culture camps.<br />

• Where funding is available, Indigenous child welfare agencies<br />

will offer services such as family preservation workers<br />

who help keep children and youth connected to home<br />

communities and birth families<br />

8 Family preservation work focuses on keeping families together and strengthening children’s positive sense of self<br />

and belonging. This work can include prevention, early intervention, and reunification services. It acknowledges the<br />

importance of tradition, customs, relationship with the land and language, along with the role of elders, extended<br />

family and tribal relations.<br />

42 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Findings and Analysis<br />

who want to address domestic violence and/or substance use issues as essential to preventing children<br />

from coming into care.<br />

One executive director reminded interviewers why culturally based services should not just focus on<br />

individual parents and children, but must also address the needs of a community:<br />

“Certainly over the past couple of years we’ve definitely been able to establish more comprehensive ways<br />

of growing together. I call it growing together because as [our First Nation] we never lose sight of each<br />

other, that we’re living together from birth to death.”<br />

Many interviewees reported that working in a culturally based manner relies on relational forms of<br />

practice that include extended family members and community. Workers must have the time to get<br />

to know families and communities, including bands, because bands have so much to offer in terms of<br />

knowledge of families. One worker reported that “you need to be present in communities and develop trust.”<br />

Another worker said it is important to make the time to do this work, especially at places such as schools<br />

where they can normalize the presence of social workers. Most team leaders described extensive efforts to<br />

attend community events to get to know people in the communities they serve.<br />

Workers also described how getting to know families<br />

in a deeper way helps acknowledge and address the<br />

historical effects of colonization. Interviewees resisted the<br />

“deficit-based” and reactive approach to parenting often<br />

taken by mainstream child welfare services that focuses<br />

too much on what is going wrong for families. Deficitbased<br />

approaches can also blame parents for structural<br />

issues beyond their individual control such as poverty,<br />

poor housing, racism and multi-generational impacts of<br />

colonialism. At the same time, respondents insisted that<br />

social workers must not misrepresent Indigenous families<br />

as helpless victims; instead, they spoke about appreciating<br />

the strengths families and communities have developed to<br />

cope with structural inequalities.<br />

DAA Voice<br />

“Provincially, there needs to be<br />

acknowledgement about working with<br />

<strong>Aboriginal</strong> families and extended families<br />

and communities. It takes more time to do<br />

the same thing than if you’re working with<br />

a local nuclear family. It takes more time<br />

to build the relationships, the one-on-one<br />

relationships with the parents or with the<br />

youth, but also the bigger relationships<br />

with extended family, community, the<br />

territory. So it’s time-intensive. And there<br />

needs to be recognition [of that].”<br />

Executive directors almost universally agreed that family preservation work needs to mitigate risk but must<br />

also build on the strengths that families and communities already have. But, as many pointed out, strengthsbased<br />

family preservation work takes time and requires that social workers are available to families.<br />

Social workers described the unique time commitments that working with Indigenous families and<br />

communities requires, and one described the impacts of colonialism on Indigenous families in the<br />

following terms: “Families have been colonized, invaded, murdered, assimilated and it’s as raw as it was<br />

15 years ago.” This worker described how she “walks softly” with families to address these issues.<br />

Several workers commented that one of the original intentions of AOPSI was to acknowledge and<br />

support the unique time commitments required for working with Indigenous families.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 43


Findings and Analysis<br />

Promising Practices: Integrating Traditional Practices into Health and Wellness Counselling<br />

One agency reported working within a cultural framework to integrate traditional practices into its<br />

assessment and treatment services. Staff members receive training on the unique cultures, dialects<br />

and histories of each of the nations served by the DAA, in order to better understand the potential<br />

effects of harmful factors in a child or youth’s environment. In particular, the agency’s Intensive<br />

Family Preservation Service program offers crisis intervention and family counselling designed to keep<br />

children and families safe and prevent unnecessary out-of-home placement of children.<br />

This program was designed specifically for families with children or youth who are at imminent risk<br />

of placement outside the home. Services typically last for four weeks and clinicians spend eight to<br />

10 hours per week working with a family, with extended hours available if needed. The program is<br />

tailored to each family’s unique needs and provides opportunities to learn new skills (e.g., emotion<br />

management or enhanced communication skills), as well as offering additional supports such as<br />

connection with other resources, positive parenting skills, and relapse prevention strategies.<br />

Promising Practices: Creating Family-Based, Community-Based Solutions to Child Safety<br />

“It is possible to deliver child welfare services in a better and more creative way.”<br />

During the interviews conducted for this report, an executive director of a DAA with full child<br />

protection delegation told a story that illustrates the depth and complexity of the work this DAA<br />

undertakes to keep Indigenous children and youth connected to their communities.<br />

In this example, the agency received several child safety reports indicating that a group of siblings<br />

from one family might be living in unsafe conditions. A typical response to these situations is to<br />

investigate safety reports, possibly resulting in removal of children from their family home and<br />

placing them in temporary foster care. In many cases, Indigenous children end up in non-Indigenous<br />

homes without sufficient connection to their families and their communities. These moves can initiate<br />

a tragic cycle of loss, both of connection to family and of positive cultural identity.<br />

In this case, DAA child protection workers chose to collaborate with local nations to find extended<br />

family members who could care for these children, rather than putting them into government<br />

care in non-Indigenous foster homes. To achieve this goal, DAA social workers hosted large family<br />

circles. These circles brought together family, extended family and members of the community in<br />

a supportive environment to solve problems, and to work together to develop Care Plans that help<br />

maintain a child’s connection to family, culture and community. Family circles are built on traditional<br />

values that recognize the importance of extended family and the larger community in addressing the<br />

needs of children.<br />

Because of the discussions that took place in the family circles, relatives agreed to move into the<br />

family home with the children. The parents agreed to stay elsewhere while they addressed their own<br />

traumatic past experiences and developed new parenting skills. Other members of the children’s<br />

extended family agreed to share in the care of the children.<br />

These alternative arrangements were possible because of the DAA’s good relations with local nations,<br />

and because of the multi-faceted programs and skilled staff at this DAA.<br />

44 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Findings and Analysis<br />

Interviewees reported that culture is<br />

an integral foundation of the DAA<br />

service delivery model and is not a<br />

discrete or time-limited intervention.<br />

One interviewee described how<br />

MCFD child apprehensions are<br />

sometimes done without adequate<br />

culturally based care planning and<br />

without consideration of family<br />

and community connections,<br />

consultation or consideration:<br />

“One of the things I think would<br />

be crucial for young people in<br />

care, is that the ministry needs<br />

to take more accountability<br />

and responsibility for these<br />

<strong>Aboriginal</strong> children they removed<br />

when they were little and have<br />

them in care for years and<br />

years and years, many of them<br />

bouncing around with very little<br />

culture connections and family<br />

connections. And then by the<br />

time our agency gets these kids,<br />

all we get is the foster parent<br />

money. That’s not good. That’s<br />

not showing any caring for the<br />

kids. A lot of these kids are not<br />

in school. They have all kinds of<br />

learning deficits. They have all<br />

kinds of behavioural problems.<br />

And then they [MCFD] dump<br />

them on the agencies with just<br />

the foster parent money.”<br />

Interviewees emphasized the<br />

importance of supporting the<br />

development of positive Indigenous<br />

identities for children and youth,<br />

but they worried that lack of<br />

resources made it difficult to offer<br />

these supports.<br />

DAA Voices<br />

“As a DAA, we say we work in a different and a better way. With<br />

one heart and one mind. Working together. I feel like this agency<br />

is not at that point as a whole team. We are fragmented. I don’t<br />

know if it’s because of all the changes, but I’m hoping that, once<br />

things are settled, it will go back to where I feel supported and<br />

where I’m a valuable employee. We’re always under pressure.<br />

‘You need to be doing the care, safety plan, vulnerability<br />

assessment.’ But I’m out there talking to the families. This is what<br />

we’ve always said; our people come first. This is how we work in<br />

a better and different way. We hold more family meetings and<br />

Indigenous families are large. Along with that there comes lots of<br />

stuff. It’s different than the way MCFD works.”<br />

“We have a system where it’s finally coming full circle, what I mean<br />

is we have different programs that are set in place that allow us to<br />

offer services for parents whose [children] don’t need care, but need<br />

extra support. Maybe it’s just a parent group. Maybe it’s just a<br />

young mom needing to go to a parent group and be role modelled<br />

by others. So we have programs for the early years.”<br />

“We want to work in a different way than MCFD. So we are always<br />

thinking outside the box. Trying to listen to families and bring back<br />

to the team leader and say ‘this is what families are willing to do<br />

and we have to have something we are willing to do.’”<br />

“One of the resource homes wanted to get some tapes of their<br />

child in care’s native tongue for her to listen to and the social<br />

worker was able to connect them with a family member who<br />

recorded not only words, but put the words into phrases and then<br />

explained them in English so that the child would understand<br />

where the words came from and how they were used. There was<br />

also a handout so that the child could see what the words looked<br />

like on paper.”<br />

I think that there needs to be a specific budget line for culture. You<br />

know, it’s not something that we just do as an add on; it’s who<br />

we are and how we live and needs to be embedded throughout<br />

everything and not just be a milestone [in care planning].”<br />

“I would like to be able to offer ongoing cultural workshops for<br />

children and youth. I’m not visualizing getting together and<br />

having a workshop to make drums. I’m visualizing having kids<br />

going out on the land with elders and learning about traditional<br />

medicines … those sorts of grassroots activities.”<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 45


Findings and Analysis<br />

Some agencies resisted pan-Indigenous approaches that do not sufficiently acknowledge and appreciate<br />

the diversity of Indigenous cultures. They emphasized that individual nations have their own traditions<br />

and approaches to child well-being that must be integrated into their work. As one said: “I think that<br />

there needs to be more ability to meet the unique needs of each individual nation and the territory they’re in.”<br />

Some executive directors noted that MCFD’s ASI funding had been helpful for establishing more<br />

culturally based prevention programs, including hiring family cultural connections workers. But ASI<br />

is time-limited and it continues to be difficult for the agency to keep good people because “there’s no<br />

guarantee for the work from year-to-year.”<br />

Respondents astutely pointed out that the solution was not to create parity with MCFD programs,<br />

but to move all parties to a preventative model of child welfare practice. They emphasized that family<br />

preservation work is already helping to keep children out of care and has ultimately saved the ministry<br />

money both in the short- and long-term.<br />

Interviewees suggested that DAAs need more resources to support the integration of traditional healing<br />

practices, cultural connections and language supports into child safety and guardianship work, including<br />

ceremonies such as healing circles, elder visits and language programs. In this vein, some agencies reported<br />

having elders on staff to support parents. One said: “We do ceremonies for all kinds of events – coming of age,<br />

leaving care, and as part of permanency plans. We do a lot of ceremony and it makes a difference.”<br />

Several workers described the benefits of<br />

having elder-led practices that support not<br />

just families who are struggling, but also the<br />

workers on their teams. One worker reminded<br />

the interviewer that elder-based programs are<br />

preventative: “We need the resources for working<br />

with families as things are happening rather than<br />

taking care of the aftermath of it all.” A team<br />

leader echoed this concern: “There needs to<br />

be more in communities to focus on prevention<br />

including role models and positive mentorship<br />

for youth … we need preventative work to break<br />

the cycle.” Another executive director expressed<br />

hopes for funding to support custom adoption:<br />

Promising Practices: Indigenous Cultural<br />

Safety in Child Welfare<br />

The San’yas Indigenous Cultural Safety Training<br />

Program was developed by the Provincial Health<br />

Services Authority (PHSA) <strong>Aboriginal</strong> Health<br />

Program. One of the training programs offered<br />

by San’yas is the core Indigenous Cultural Safety<br />

Program – Child Welfare for Non-<strong>Aboriginal</strong> Child<br />

Welfare Professionals. This program has a specific<br />

focus on child welfare issues for professionals<br />

working with Indigenous children and is intended as<br />

introductory training for social workers and others.<br />

“Instead of bringing children into care, we would be applying the cultural practices of custom adoption and<br />

have that as a strong culture piece. But we need funding for that, and I want INAC to fund that.” Some<br />

agencies receive MCFD funding for elder-led programs, but most do not.<br />

Many executive directors reported that MCFD training does not support culturally based work. Instead,<br />

they suggested that training programs need to occur in their communities and with a broad range of<br />

partners (e.g. elders, staff):<br />

“We want to bring the training to [our community] so we can train the family care workers in the<br />

communities, and the family preservation workers at our agency, and the health workers, and have<br />

everybody on the same page. But again, it costs thousands of dollars to bring someone in and there’s no<br />

money for that.”<br />

46 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Findings and Analysis<br />

Workers talked about the challenges of having to accommodate policies from the dominant society<br />

into working with Indigenous families. One social worker reported that her clients face unique<br />

challenges with family courts: “[Parents] are already in a bad place and they have to go to court and tell<br />

everyone they are in a bad place. It’s very demeaning and, from a cultural perspective, that’s not appropriate.<br />

I think this needs to change.”<br />

As workers noted, attending court<br />

can be traumatic for families and<br />

usually does little to help increase<br />

child safety. Court attendance can<br />

include extended family members<br />

and courts are not necessarily set up<br />

to accommodate Indigenous family<br />

structures: “It’s not just two parties<br />

when we go to court. There’s the agency,<br />

there’s the family, mom and dad, aunts,<br />

bands for mom, bands for dad and<br />

there may be other parties. It adds to the<br />

complexity because there are all these<br />

parties to the proceedings.”<br />

Another worker offered a cultural<br />

critique of the assessment tools she<br />

must use in her work:<br />

“SDM [Structured Decision<br />

Making] 9 tools aren’t calibrated to<br />

identify real risk. The tools don’t<br />

reflect real risk for families and<br />

don’t help identify safety areas that<br />

workers need to work on … The<br />

SDM tools don’t ‘talk about history’<br />

in terms of what works and what<br />

doesn’t, how the family has grown/<br />

increased resilience … If I did a<br />

vulnerability assessment on myself,<br />

I would be rated high. Sometimes<br />

history can raise risk level and this<br />

makes it not culturally appropriate.”<br />

MCFD’s SDM tools were noted by<br />

many interviewees to be frustrating:<br />

“The Structured Decision Making tools<br />

DAA Voices<br />

“There’s just all kinds of gaps in service that we’d like to address<br />

if we had the funding. You know, even getting kids home for<br />

cultural events and activities. Our staff fundraised to pay for<br />

our culture camp every year, which has gotten really huge and<br />

continues to grow. We don’t just restrict it to kids who are in our<br />

care, but we open it up to their families who live in community<br />

because that’s the purpose of the camp, is for kids to come<br />

home. We opened it up to kids who have been adopted out,<br />

and we want them to maintain contact and we want them to<br />

come back. And, of course, there’s no funding for any of this,<br />

so our staff are busy fundraising all year so we can provide that<br />

service to the families and not just to kids.”<br />

“There’s very little dollars for culture. It’s trying to deal with<br />

crisis management all the time and not having the luxury of<br />

saying, okay we’re going to have ROOTS workers or we’re going<br />

to have smaller caseloads so our social workers can go home –<br />

and take the kids more to community.”<br />

“I know that for a while we were offering Active Parenting – it’s<br />

a great program, but it wasn’t relevant for our folks. When you<br />

look at the videos they’re white middle class people sitting in<br />

their white middle-class homes, and our parents can’t relate<br />

to that stuff at all. We need the resources to offer a traditional<br />

parenting program.”<br />

“The culture permanency planning team we have funded<br />

through the ASI dollars is an example of working the right way<br />

because we’re getting a lot of kids reunited to community, and<br />

reconnecting with their families and we can use more out-ofcare<br />

options. So that’s how we get the kids back connected.”<br />

“Right now the funding models [both MCFD and INAC] are<br />

based on what provincial practice is … it doesn’t look at<br />

what is the best interest of the child … it [funding] should be<br />

more holistic … for example, the intensive family preservation<br />

programs … .”<br />

9 Structured Decision Making (SDM) tools are used in the MCFD child protection response model to assess areas of<br />

concern in a systematic and standardized manner. See MCFD (2015) for more information.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 47


Findings and Analysis<br />

obviously don’t fit from a First Nations<br />

perspective. They put First Nations people at<br />

higher risk on the scoring.” Some C6 agencies<br />

described using a combination of ministry<br />

assessment tools and Signs of Safety (see<br />

text box), an alternate and strengths-based<br />

approach to risk assessment.<br />

Indigenous staff<br />

Workers and executive directors alike<br />

identified the availability of fully trained and<br />

delegated Indigenous staff as inextricably<br />

intertwined with culturally appropriate<br />

practice. One executive director described<br />

the importance of having Indigenous staff:<br />

“… there’s a perception on the part of the<br />

client that the worker that they’re engaged<br />

with is going to recognize that they come<br />

from the same history and that they will<br />

truly understand how important it is for<br />

them to be safe within the child welfare<br />

system.”<br />

Another worker linked the need for<br />

Indigenous staff to the type and complexity<br />

of work required by DAAs:<br />

Promising Practices: Signs of Safety<br />

The Signs of Safety approach was created over a<br />

number of years in Western Australia, as a result of<br />

collaboration between more than 150 child welfare<br />

front-line practitioners. Created by Andrew Turnell<br />

and Steve Edwards, Signs of Safety takes a strengthsbased<br />

approach to child protection work and allows<br />

front-line social workers to build partnerships with<br />

parents and children during child abuse investigations,<br />

in order to improve the child’s situation, while still<br />

dealing effectively with immediate child protection<br />

issues (Signs of Safety, 2015).<br />

Three core principles at the foundation of the<br />

Signs of Safety framework are: constructive working<br />

relationships, critical thinking and using first-hand<br />

experiences to produce realistic guidelines for use<br />

in everyday practice (Government of Western<br />

Australia, 2011).<br />

Since working with Signs of Safety, agencies in Alberta<br />

have seen improvements in the morale and work<br />

satisfaction of child welfare social workers, increases in<br />

family satisfaction with services, and reductions in the<br />

number of children who enter the care system (Alberta<br />

Human Services, 2016).<br />

“We want this agency to be staffed by <strong>Aboriginal</strong> people. <strong>Aboriginal</strong> people in general have experienced<br />

many issues. The ones that are going to work here are resilient and they work to a very high standard<br />

in their community. It’s not the same as MCFD standards. They may not get the safety assessment done<br />

on time because they had to go see someone else who is feeling suicidal. Because they have experienced<br />

trauma, they have health issues. There’s also lots going on in the community like graduations and<br />

awards days and everyone goes to the funerals … so people who work here attend these events to build<br />

community relationships.”<br />

Findings from the interviews show that DAAs struggle to hire Indigenous staff and that, in some cases,<br />

DAAs are primarily staffed by non-Indigenous individuals. Sometimes families who want to work with<br />

an Indigenous staff member must wait longer for services. Executive directors also noted that it can be<br />

difficult to hire fully delegated Indigenous staff when wages and benefits are better at the ministry.<br />

48 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Findings and Analysis<br />

Impacts on families<br />

<strong>Agencies</strong> reported that funding and practice issues create a myriad of effects on families:<br />

“All of these shortages in staffing significantly impact the community, significantly impact the ability for<br />

families to stay together and therefore placements to be maintained.”<br />

The lack of consistency in how DAAs are<br />

funded across the province means families<br />

get different treatment depending on where<br />

they live in B.C. Said one worker: “We have<br />

families who come from one city and who get<br />

X, Y and Z for services and they come out here<br />

[our city] and they get nothing.”<br />

Many respondents confirmed what the<br />

CHRT found – that the lack of support<br />

services for families results in children staying<br />

in care longer than necessary.<br />

DAA Voices<br />

“Families don’t get the up-front support so new incidents<br />

occur which further contributes to heavy workload.”<br />

“We have clients calling and saying ‘my worker never<br />

calls me back’ or not knowing who their worker is.”<br />

“Being generalist – my child service and less urgent<br />

cases fall to wayside due to other priorities – care plans<br />

are not up to date and I don’t see children as often as<br />

I should.”<br />

The realities of workload and travel mean<br />

that families do not always get the service<br />

they need to ensure child safety. Workers<br />

again used terms like “putting out fires”<br />

and “emergency management” to describe<br />

“I like things to be successful and some families take<br />

more time than others but it’s a rush because of time<br />

limits and lack of staffing – it makes our caseloads<br />

overwhelming.”<br />

their practice with families. Generalist social workers (carrying both child protection and guardianship<br />

responsibilities) were pointed in their comments about what falls to the wayside when workload is high,<br />

and others talked about how workload impacts social work practice. Some workers also noted that they<br />

get less time to spend with children in care. In turn, children and youth in care do not get the skills and<br />

resources they need to be successful in the long-term. Because many workers spend the majority of their<br />

time reacting to crises, these pressures leave little time to work with families on a one-to-one basis. Others<br />

talked about “letting families down” because they cannot spend more time with them.<br />

One interviewee for this report spoke about the positive impact their Indigenous agency staff have in<br />

helping communities to heal from residential school trauma. Many of the psychologists, counsellors, and<br />

support workers hired by the DAA have experienced residential schools themselves and are able to share in<br />

the healing journeys of the families they are working with. This hard work on the part of the agency was<br />

directly linked to a decrease in the number of children in care: “I think that’s one of the reasons why … the<br />

numbers of our children in care kept on going down, and down, and down … all those services for our families.”<br />

Many workers emphasized that despite these challenges, they still enjoy working with families and that<br />

“kids always come first” regardless of other priorities. The interviews also highlighted the passion that<br />

many workers and executive directors have for their work, particularly in Indigenous communities where<br />

some are able to work in a culturally based way to support families. Many workers expressed the feeling<br />

that solutions to these challenges are possible and that, with more staff at the front line, individual<br />

workers could do more in-depth work that would keep families together.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 49


Conclusion<br />

Conclusion<br />

Numerous reports during the past 15 years have drawn similar conclusions to this one – that both the<br />

planning and the funding for Indigenous child welfare are woefully inadequate. However, this report<br />

offers one of the few explorations of how these issues impact front-line staffing and service delivery in<br />

DAAs and what needs to be done to address these issues.<br />

The report confirms what the CHRT found – that the current funding structure leaves DAAs struggling<br />

to cover operational costs including salaries and benefits, as well as culturally based services. In addition,<br />

the funding structures do not account for the need to address the intergenerational effects of egregious<br />

Canadian policies such as the Indian Residential School system. Prevention through strengthening<br />

community and family supports is a vital and urgent part of Indigenous child welfare services, given the<br />

well-documented intergenerational effects of residential schools on healthy family functioning.<br />

In fact, the 2015 reports of the Truth and Reconciliation Commission of Canada recognized that the<br />

over-representation of Indigenous children in contemporary child welfare systems is directly connected<br />

to the unaddressed harmful legacy of residential schools.<br />

More than 10 years ago, the Hon. Ted Hughes, and, more recently, Grand Chief Ed John, described<br />

the historical conditions that led to the over-representation of Indigenous children in care, with both<br />

recognizing that addressing social conditions such as poverty, poor housing and economic opportunities<br />

are crucial to creating strong communities that can keep children safe (Hughes, 2006; John, 2016).<br />

In addition to problems with INAC funding, this report finds that how MCFD plans for and funds DAAs<br />

remains inadequate, as found in earlier reports released by this Office. MCFD documents reveal that an<br />

overall assessment of the needs of Indigenous families and children, combined with a plan for meeting<br />

those needs, remains unaddressed in B.C. Recent commitments made by the ministry to implement the<br />

comprehensive recommendations of Grand Chief Ed John’s report and a significant enhancement to the<br />

budget, including for Indigenous child welfare services, are heartening. But those recommendations have<br />

yet to be implemented and may take several years.<br />

This report also finds that how DAAs are funded in B.C. is unduly complex and spans multiple jurisdictions,<br />

including the federal and provincial governments, and then across MCFD regions. The majority of DAAs<br />

receive some or all of their funding from the federal government, but many also receive funding through a<br />

patchwork of MCFD contracts that vary from agency to agency and region to region. This leaves DAA staff<br />

in the position of navigating and reconciling the requirements of two levels of government.<br />

MCFD funding to the DAAs remains piecemeal and funding contracts have no overriding logic or<br />

consistency. This lack of planning creates a fragmented ministry approach to the DAAs that results in<br />

short-term and proposal-driven funding, leaving agencies without the necessary long-term commitments<br />

that would assist the DAAs in addressing key issues such as recruitment and retention of qualified staff.<br />

Although MCFD professes to a “partnership” relationship with DAAs, this review finds that DAAs are still<br />

viewed as contractors who must bid against each other for essential funding for children and families. Added<br />

to this is the reality that relationships remain strained between DAAs and some of their local counterparts at<br />

MCFD, as well as with the ministry’s provincial office. These strained relationships have direct impacts on<br />

staffing issues, making it more difficult to advocate for the needs of families.<br />

50 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Conclusion<br />

What this report also finds is that funding issues stemming from both INAC and MCFD negatively<br />

impact the capacity of front-line social workers in the DAAs to carry out their responsibilities in an<br />

effective and culturally based manner. Indeed, given the lack of planning for and assessment of the needs<br />

of Indigenous families in B.C., the funding provided by both INAC and MCFD does not address the<br />

needs of these children and families in a way that is equivalent to its commitments to other children. But<br />

even parity with MCFD services would not necessarily address the needs of Indigenous children. As the<br />

findings of numerous reports from this Office show, children and youth in MCFD’s care do not fare as<br />

well as their peers in the general population and Indigenous children in care do not fare as well as non-<br />

Indigenous children in care.<br />

Despite the passage of 10 years, this review shows that DAAs still struggle with needs identified by<br />

Hughes in 2006, including basic operational costs, lack of access to training, remoteness, small size<br />

and problems with Internet access. Added to this are issues with staffing vacancies that contribute to<br />

workload, problems with recruitment and retention and lack of wage and benefits parity with MCFD<br />

social workers. All of these issues combine to make it difficult to comply with standards. These findings<br />

echo the findings in the Representative’s 2015 report on staffing issues in MCFD. The DAAs, however,<br />

do not have an infrastructure that comes anywhere near the size of MCFD’s, meaning challenges with<br />

staffing have an even bigger impact on both employees and the families they serve.<br />

The CHRT ruling reminds us that Canada is a party to important international legal instruments<br />

including the International Convention for the Elimination of all Forms of Racial Discrimination, the<br />

Universal Declaration of Human Rights (UDHR), the United Nations Convention on the Rights of the Child<br />

(UNCRC) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Canada has<br />

also signalled that compliance with these legal instruments, and the UNCRC in particular, cuts across<br />

all governments at every level in Canada (Parliament of Canada, N.D.). The UNCRC’s international<br />

monitoring body has stressed the importance of culturally appropriate services for Indigenous children<br />

(CHRT 2, 2016, p. 158). This monitoring body has also expressed concerns about the continuing high<br />

number of removals of Indigenous children from their families and communities and has stressed the<br />

importance of ensuring that services to Indigenous children are comparable in quality and accessibility to<br />

the services available to other children (CHRT2, 2016, p. 159).<br />

Canada’s recent adoption of the UNDRIP reinforces its obligations at every level to improve the wellbeing<br />

of Indigenous Canadians, particularly through Article 2, which stresses the equality of Indigenous<br />

peoples with all others in Canada. What respondents in this review told the Representative is that<br />

addressing these larger social conditions must go hand-in-hand with well-designed and well-supported<br />

culturally based services. These services are an essential part of addressing some of the intergenerational<br />

harms of residential schools and the damage done to communities by the process of removing children<br />

from their homes. However, for most DAAs, their capacity to offer prevention services, including<br />

culturally based family preservation work, is severely limited.<br />

It was also abundantly clear that many DAA staff interviewed for this report were guided in their<br />

work by value-based motivations such as healing, reconciliation, justice, family and community. These<br />

respondents rejected the reactive and risk management-oriented approaches of mainstream child welfare,<br />

insisting instead on a supportive and caring approach that is more in line with Indigenous world views<br />

and values. They described the difficulties with using ministry assessment tools that tend to individualize<br />

problems and to push to the background the historical and structural factors that contribute to<br />

Indigenous child safety issues.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 51


Conclusion<br />

In B.C., for example, the Signs of Safety approach (see text box on page 48) has not been universally<br />

adopted, but a number of DAAs have integrated the principles of Signs of Safety into their practice. The<br />

collaborative, strengths-based method of addressing family needs during the child protection process<br />

advocated by Signs of Safety mirrors the relationship-building approach to service that DAA workers believe<br />

is vital. However, with a lack of financial and policy support for the program from MCFD, social workers<br />

from DAAs who wish to be trained in the Signs of Safety approach must use their own initiative in order to<br />

integrate the principles into their practice.<br />

Many DAA front-line workers spend a significant amount of time learning about the communities they<br />

serve, developing relationships with family members and the broader community, and attending cultural<br />

events and ceremonies. The time needed to ensure trust and support in the community is considerable.<br />

When time and resources are limited, interactions with the community and preventative culturally based<br />

practice can take a back seat behind dealing with incoming child welfare reports. The effect of these<br />

challenges is to create an unacceptable level of risk for families and children in everyday social work<br />

practice. These risks can be successfully mitigated, however, by appropriate resourcing, training and other<br />

supports for Indigenous child welfare. More than this, the cultural needs of Indigenous children and<br />

youth need to be woven into the fabric of service delivery and resourced accordingly.<br />

Despite these limitations, participants in this review bore witness to the numerous successes they have<br />

working with families and keeping children out of care and in their communities. The challenges for<br />

these participants were not so much that their approaches do not work, but that the daily pressures of<br />

their work lives prevents them from doing more of what works.<br />

Taken together, the findings of this report highlight issues of great concern for the delivery of child<br />

welfare services to Indigenous children, youth and families in B.C. – issues that cannot be accepted as<br />

“just the way it is.” Change and improvement are not only possible; they are imperative if we are to<br />

live up to our responsibility as a signatory to the United Nations Convention on the Rights of the Child.<br />

Addressing the current situation will take commitment and action: INAC must remedy its funding<br />

flaws to Indigenous child welfare services; planning in B.C. for Indigenous child welfare must address<br />

the distinct needs and circumstances of children, families and their communities; and funding by<br />

both levels of government must be equitable and clear, and must take into account needs based on the<br />

intergenerational effects of colonialism. It is through these actions that staff in DAAs will better be able to<br />

support and strengthen Indigenous families, resulting in fewer Indigenous children coming into care.<br />

52 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Acronyms<br />

Acronyms<br />

AOPSI:<br />

<strong>Aboriginal</strong> Operational and Practices Standards and Indicators<br />

AP&P:<br />

ASI:<br />

BCGEU:<br />

CCO:<br />

CFCS Act:<br />

CHRT:<br />

CYMH:<br />

DAA:<br />

EPFA:<br />

<strong>Aboriginal</strong> Policy and Practice Framework<br />

<strong>Aboriginal</strong> Service Innovations<br />

B.C. Government and Service Employees’ Union<br />

Continuing Custody Order<br />

Child, Family and Community Service Act (B.C.)<br />

Canadian Human Rights Tribunal<br />

Child and Youth Mental Health Services<br />

<strong>Delegated</strong> <strong>Aboriginal</strong> Agency<br />

Enhanced Prevention Focused Approach<br />

FNC&FCS: First Nations Child & Family Caring Society<br />

FNCFS:<br />

FNLC:<br />

ICM:<br />

INAC:<br />

MCFD:<br />

OCYA:<br />

PHSA:<br />

RCY:<br />

TRC:<br />

UDHR:<br />

UNCRC:<br />

UNDRIP:<br />

First Nations Child and Family Services Program (INAC)<br />

First Nations Leadership Council<br />

Integrated Case Management system<br />

Indigenous and Northern Affairs Canada<br />

Ministry of Children and Family Development<br />

Office of the Child and Youth Advocate (Alberta)<br />

Provincial Health Services Authority<br />

Representative for Children and Youth (B.C.)<br />

Truth and Reconciliation Commission of Canada<br />

United Nations Declaration of Human Rights<br />

United Nations Convention on the Rights of the Child<br />

United Nations Declaration on the Right of Indigenous Persons<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 53


Glossary<br />

Glossary<br />

C3 Delegation: Category three (C3) delegation allows social workers to provide voluntary services and<br />

oversee the recruitment and retention of residential resources (foster homes). It includes authority to<br />

provide support services for families, voluntary care agreements and special needs agreements and to<br />

establish residential resources for children in care.<br />

C4 Delegation: Category four (C4) delegation includes all the legal authority in C3 plus additional<br />

responsibilities to carry out guardianship duties for children and youth in continuing custody. These<br />

include permanency planning, transitions out of care and managing Comprehensive Plans of Care<br />

(CPOCs).<br />

C6 Delegation: Category six (C6) delegation is the highest level of delegation and includes all the legal<br />

responsibilities of C3 and C4 plus full authority for child protection duties, including investigation of<br />

child abuse or neglect reports, placing children in care, obtaining court orders and developing safety<br />

plans.<br />

Caseload: The actual number of active files or cases assigned to a social worker at a given point in time.<br />

Child, Family and Community Service Act (CFCS Act): Legislation enacted in 1996 governing child<br />

protection in British Columbia.<br />

Child Protection Social Worker: A child protection social worker collects information, responds to<br />

child protection reports, conducts FDRs and investigations, removes children if needed, attends court,<br />

works with families, and plans for the return of children or for continuing custody.<br />

Child or Youth in Care: A child or youth who is in the custody, care or guardianship of a Director<br />

(CFCS Act) or the Director of Adoption (Adoption Act).<br />

Continuing Custody Order (CCO): A child or youth who is under a Continuing Custody Order is<br />

under the permanent guardianship of the Director of MCFD (or their delegates) and the Public Trustee<br />

becomes the guardian of the estate of the child or youth.<br />

Culturally Based: Culturally based practices focus on enhancing a child’s Indigenous identity, culture<br />

and heritage. These practices enhance community strengths and healing often through programs that<br />

involve community participation and control.<br />

<strong>Delegated</strong> <strong>Aboriginal</strong> Agency (DAA): Through delegation agreements, the Provincial Director of Child<br />

Welfare gives authority to <strong>Aboriginal</strong> agencies, and their employees, to undertake administration of all or<br />

parts of the CFCS Act. The amount of responsibility assumed by each agency is the result of negotiations<br />

between the ministry and the <strong>Aboriginal</strong> community served by the agency, and the level of delegation<br />

provided by the Director.<br />

Family Development Response (FDR): The preferred approach when an alleged incident involving<br />

a child/youth is of lower severity and when parents are able and willing to participate in collaborative<br />

assessment and planning. FDR involves family members in the response process and builds on their<br />

strengths in order to safely care for the child/youth.<br />

54 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Glossary<br />

Family Preservation Services: Family preservation work focuses on keeping families together and<br />

strengthening children’s positive sense of self and belonging. This work can include prevention, early<br />

intervention and reunification services. It acknowledges the importance of tradition, customs, relationship<br />

with the land and language along with the role of Elders, extended family and tribal relations.<br />

Generalist Teams: Teams of social workers who investigate child welfare reports, are involved with<br />

ongoing family services and guardianship services and may assist with residential resources or adoptions.<br />

Guardianship Worker: A social worker who is delegated at a C4 level to provide guardianship services<br />

for children and youth in continuing custody, including permanency planning, transitions out of care<br />

and managing Comprehensive Plans of Care (CPOCs).<br />

Hughes Review: In 2006, the Honourable Ted Hughes conducted an independent review of B.C.’s child<br />

protection system. The review contained 62 recommendations for changes to the child welfare system,<br />

including the creation of the Office of the Representative for Children and Youth.<br />

Incident: Social workers screen all reported child safety reports to determine whether the report requires<br />

a protection or non-protection response. If the report requires a protection response, it becomes an<br />

incident. Social workers conduct an assessment of the report immediately if the child/youth appears to be<br />

in a life threatening or dangerous situation. In all other cases, an assessment takes place within 24 hours<br />

of receiving the report.<br />

Integrated Case Management System (ICM): Computerized system designed to assist social workers to<br />

record assessments and other tools completed in the course of a child protection investigation.<br />

Intake: A process by which child protection reports and requests for service are introduced into a ministry<br />

office. Child Protection Response standards provide guidelines for how these reports are to be handled.<br />

Investigation Response: Child protection workers use investigations to respond to screened-in child<br />

protection reports that meet the following criteria: the circumstances involve severe physical abuse<br />

or severe neglect; the parent(s) are unable or unwilling to participate in collaborative assessment and<br />

planning; or there is an open file on the family and at least one child/youth is out of the home for<br />

protection reasons.<br />

Jordan’s Principle: Jordan’s Principle is a federal policy developed after the 2005 death of a five-yearold<br />

First Nations child named Jordan Anderson, and was created to deal with jurisdictional disputes<br />

involving the care of <strong>Aboriginal</strong> children. Its intent is to ensure that services are provided to children<br />

without delay. By following the principle, the government responsible for the services first provided to a<br />

child pays for those services, and jurisdictional disputes can then be settled at a later date. B.C. formally<br />

endorsed Jordan’s Principle in 2008.<br />

Least disruptive measures: Measure taken by delegated social workers before considering removal of a<br />

child or youth from parental care.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 55


Glossary<br />

Non-Protection Response: When a report or incident of a child safety concerns is screened by a social<br />

worker as requiring one of the following responses: no further action, referral to community support<br />

services, voluntary services or youth service response.<br />

Protection Response: When a report or incident of a child safety concern is screened by a social worker<br />

as requiring one of the following responses: a Family Development Response, a youth service response<br />

or an investigation. This determination must be made within five calendar days after receiving the child<br />

safety report.<br />

Prior Contact Check: Carried out in the initial stages of a Child Protection Response to help identify<br />

immediate family members and highlight any past involvement in child protection services.<br />

Representative for Children and Youth: In May 2006, B.C. passed the Representative for Children and<br />

Youth Act, establishing the Legislative Assembly’s authority to appoint a new officer of the Legislature<br />

as the Representative for Children and Youth. The Representative supports young people and their<br />

families in dealing with the provincial child welfare system, provides oversight to this system and<br />

makes recommendations to improve it. The Representative is a non-partisan, independent officer of the<br />

Legislature, reporting directly to the Legislative Assembly.<br />

Service Delivery Areas (SDAs): Child welfare services are delivered by MCFD in B.C. across 13 Service<br />

Delivery Areas. Each SDA is further divided into Local Services Areas (LSAs). There are 47 LSAs in total.<br />

Sixties Scoop: The breakdown of Indigenous families was accelerated in the 1960s by the removal,<br />

sometimes in mass numbers, of children from their families. The term ‘Sixties Scoop’ was coined to<br />

describe these mass removals. Many of the ‘scoop’ children were placed with non-Indigenous carers, in<br />

communities that were far from their original bands or reserves.<br />

Structured Decision Making (SDM) Screening: The process by which social workers responding to<br />

child protection reports assess areas of concern systematically and in a standardized manner.<br />

Team Leader: A supervisor of a team of social workers.<br />

Voluntary Services: Preventive and support services offered to children/youth and their families on a<br />

voluntary basis, including: mental health, education and ancillary services; residential resources; support<br />

to assist in the resolution of family disputes; voluntary care agreements; and special needs agreements.<br />

Workload: The amount of time that must be devoted to various tasks (visiting families, interviewing<br />

children, completing assessment tools, documenting work processes, etc.) to respond to reports of child<br />

safety concerns regardless of the complexity of cases.<br />

Youth: A person is considered a youth under the CFCS Act if he or she is 16 years of age or older but<br />

younger than 19 years of age.<br />

56 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Appendices<br />

Appendices<br />

Appendix 1: Demographic Information about<br />

Social Workers and Team Leaders<br />

Descriptive Information on Interviewees: Social Workers<br />

Social Workers<br />

Number<br />

Number of generalist workers 7<br />

Number of child protection workers 10<br />

Total number of workers 17<br />

Average years of experience 8.5<br />

Average number of years with MCFD/DAA 6.5<br />

Average years in current position 3<br />

Delegation Level<br />

C6<br />

Average number of years since C6 delegation 6.5<br />

Descriptive Information on Interviewees: Team Leaders<br />

Team Leaders<br />

Number/Average<br />

Number interviewed 11<br />

Average years of child welfare experience 12.5<br />

Average years with MCFD/DAA 12.5<br />

Average years as a team leader 4<br />

Average years with current team 2<br />

Delegation level<br />

All C6<br />

Descriptive Information on Executive Directors<br />

(<strong>Agencies</strong> with C6 Delegation)<br />

Executive Directors<br />

Number/Average<br />

Number interviewed 7<br />

Average years as executive director 6<br />

Descriptive Information on Executive Directors (<strong>Agencies</strong> with C4<br />

Delegation)<br />

Executive Directors<br />

Number/Average<br />

Number interviewed 10<br />

Average years as executive director 7*<br />

*Not all interviewees provided information. Average based on 7 respondents.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 57


Appendices<br />

Appendix 2: Information about DAAs<br />

<strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong> (C6)<br />

Agency Name<br />

and Location<br />

Fraser Valley<br />

<strong>Aboriginal</strong> Child<br />

and Family<br />

Services Society<br />

(East Fraser)<br />

Knucwentwecw<br />

Society<br />

(Thompson<br />

Cariboo)<br />

Ktunaxa/<br />

Kinbasket Child<br />

& Family Services<br />

(Kootenays)<br />

Kwumut Lelum<br />

Child & Family<br />

Services (North<br />

Vancouver<br />

Island)<br />

Date Operations/<br />

Delegation Began<br />

• Initial agreement<br />

signed Nov. 26, 1993<br />

• Initial agreement<br />

signed Oct. 13, 1995<br />

• Initial agreement<br />

signed July 27, 1999<br />

• Initial agreement<br />

signed Dec. 8, 1997<br />

Services<br />

Provided<br />

On/Off<br />

Reserve?<br />

Receives<br />

20-1<br />

Funding?<br />

Receives<br />

MCFD<br />

Funding?<br />

Affiliated<br />

Communities<br />

On/Off Yes Yes Aitchelitz Chawathil<br />

Cheam<br />

Kwantlen<br />

Leq’a:mel<br />

Popkum<br />

Shxw’owhamel<br />

Shx:wha:y Village<br />

Skawahlook<br />

Skowkale<br />

Skwah<br />

Soowahlie<br />

Squiala<br />

Sumas<br />

Tzeachten<br />

Yakweakwioose<br />

Yale First Nation<br />

On/Off Yes Yes Canim Lake<br />

Soda Creek<br />

Stswecem’c/<br />

Xgat’tem<br />

Williams Lake<br />

On/Off Yes Yes Columbia Lake/<br />

?Akisq’nuk<br />

Lower Kootenay<br />

Shuswap<br />

St. Mary’s<br />

Tobacco Plains<br />

Métis E. Kootenay<br />

Region<br />

On Yes Yes Stz’uminus<br />

First Nation Halalt<br />

Lake Cowichan<br />

Lyackson<br />

Malahat<br />

Nanoose<br />

Penelakut<br />

Qualicum<br />

Snuneymuxw<br />

58 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Appendices<br />

<strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong> (C6)<br />

Agency Name<br />

and Location<br />

Lalum’utul’<br />

Smun’eem<br />

Child & Family<br />

Services (South<br />

Vancouver<br />

Island)<br />

Métis Family<br />

Services (South<br />

Fraser)<br />

Nlha’7kapmx<br />

Child & Family<br />

Services Society<br />

(Thompson<br />

Cariboo)<br />

Nuu-Chah-<br />

Nulth Tribal<br />

Council USMA<br />

Family and Child<br />

Services (North<br />

Vancouver<br />

Island)<br />

Scw’exmx<br />

Child & Family<br />

Services Society<br />

(Thompson<br />

Cariboo)<br />

Date Operations/<br />

Delegation Began<br />

• Initial agreement<br />

signed Jan. 22, 1993<br />

• Initial agreement<br />

signed April 11, 2001<br />

• Initial agreement<br />

signed Sept. 22, 1994<br />

• Initial agreement<br />

signed Feb. 12, 1987<br />

• Received C6<br />

delegation in 1989<br />

• First <strong>Aboriginal</strong><br />

agency to obtain<br />

C6 delegation<br />

• Initial agreement<br />

signed May 31, 1994<br />

Services<br />

Provided<br />

On/Off<br />

Reserve?<br />

Receives<br />

20-1<br />

Funding?<br />

Receives<br />

MCFD<br />

Funding?<br />

Affiliated<br />

Communities<br />

On Yes Yes Cowichan<br />

Off No Yes Métis (South Fraser/<br />

Simon Fraser)<br />

On Yes Yes Cook’s Ferry<br />

Kanaka Bar<br />

Lytton<br />

Nicomen<br />

Siska<br />

Skuppah<br />

On/Off Yes Yes Ahousat<br />

Ditidaht<br />

Ehattesaht<br />

Hesquiaht<br />

Mowachaht/<br />

Muchalaht<br />

Hupacasath<br />

Nuchatlaht<br />

Tla-o-qui-aht<br />

Tseshaht<br />

Maa-nulth Treaty:<br />

Huu-ay-aht<br />

Ka:’yu:k’t’h’/<br />

Che:K:tles7et’h<br />

Toquaht<br />

Uchucklesaht<br />

Ucluelet<br />

On Yes Yes Coldwater<br />

Lower Nicola<br />

Nooaitch<br />

Shackan<br />

Upper Nicola<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 59


Appendices<br />

<strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong> (C6)<br />

Agency Name<br />

and Location<br />

Secwepemc<br />

Child & Family<br />

Services Agency<br />

(Thompson<br />

Cariboo)<br />

Vancouver<br />

<strong>Aboriginal</strong><br />

Child & Family<br />

Services Society<br />

(Vancouver/<br />

Richmond)<br />

Date Operations/<br />

Delegation Began<br />

• Initial agreement<br />

signed March 6, 2000<br />

• Initial agreement<br />

signed Sept. 20, 2001<br />

Services<br />

Provided<br />

On/Off<br />

Reserve?<br />

Receives<br />

20-1<br />

Funding?<br />

Receives<br />

MCFD<br />

Funding?<br />

Affiliated<br />

Communities<br />

On/Off Yes Yes Adams Lake<br />

Bonaparte<br />

Kamloops<br />

Neskonlith<br />

North Thompson<br />

Skeetchestn<br />

Whispering Pines<br />

Off No Yes Vancouver Urban<br />

(Vancouver/<br />

Richmond)<br />

<strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong> (C4)<br />

Agency Name Date of Delegation<br />

and Location<br />

Ayas Men<br />

Men Child &<br />

Family Services<br />

(Squamish<br />

Nation) (Coast/<br />

North Shore)<br />

Carrier Sekani<br />

Family Services<br />

(North Central)<br />

Gitxsan Child<br />

& Family<br />

Services Society<br />

(Northwest)<br />

• Initial agreement<br />

signed April 28, 1993<br />

• Initial agreement<br />

signed Jan. 29, 1998<br />

• Initial agreement<br />

signed June 3, 1999<br />

Services<br />

Provided<br />

On/Off<br />

Reserve?<br />

Receives<br />

20-1<br />

Funding?<br />

Receives<br />

MCFD<br />

Funding?<br />

Affiliated<br />

Communities<br />

On/Off Yes Yes Squamish<br />

On/Off Yes Yes Burns Lake<br />

Cheslatta<br />

Lake Babine<br />

Nadleh Whut’en<br />

Nee Tahi Buhn<br />

Skin Tyee<br />

Stella’ten<br />

Saik’uz<br />

Takla Lake<br />

Wet’suwet’en<br />

Yakooche<br />

On Yes Yes Kispiox<br />

Glen Vowell<br />

Gitsegukla<br />

Gitwangak<br />

Gitanyow<br />

60 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


Appendices<br />

<strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong> (C4)<br />

Agency Name Date of Delegation<br />

and Location<br />

Nezul Be<br />

Hunuyeh Child &<br />

Family Services<br />

Society (North<br />

Central)<br />

NIL/TU,O Child<br />

& Family Services<br />

Society (South<br />

Vancouver<br />

Island)<br />

Nisga’a Child &<br />

Family Services<br />

(North West)<br />

Northwest Inter-<br />

Nation Family<br />

& Community<br />

Services Society<br />

(North West)<br />

Surrounded<br />

by Cedar<br />

Child & Family<br />

Services (South<br />

Vancouver<br />

Island)<br />

• Initial agreement<br />

signed July 31, 2002<br />

• Initial agreement<br />

signed March 5, 1999<br />

• Initial agreement<br />

signed May 5, 1997<br />

• Initial agreement<br />

signed Feb. 8, 1999<br />

• Initial agreement<br />

signed May 24, 2005<br />

Services<br />

Provided<br />

On/Off<br />

Reserve?<br />

Receives<br />

20-1<br />

Funding?<br />

Receives<br />

MCFD<br />

Funding?<br />

Affiliated<br />

Communities<br />

On Yes Yes Nak’azdli<br />

Tl’azt’en<br />

On Yes Yes Beecher Bay<br />

Pauquachin<br />

Songhees<br />

Tsartlip<br />

Tsawout<br />

T’sou-ke<br />

Tseycum<br />

On/Off Yes Yes Citizens of the<br />

Nisga’a Lisims<br />

Government<br />

including villages<br />

of:<br />

Gingolx (Kincolith)<br />

Gitlaxt’aamiks<br />

Laxgalts’ap<br />

Gitwinksihlkw<br />

On Yes Yes Gitga’at (Hartley<br />

Bay)<br />

Haisla (Kitamaat)<br />

Gitxaala (Kitkatla)<br />

Kitselas<br />

Kitsumkalum<br />

Lax-Kw’alaams<br />

Metlakatla<br />

Off No Yes Victoria Urban<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 61


Appendices<br />

<strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong> (C3) – No C3 <strong>Agencies</strong> Interviewed<br />

Agency Name Date of Delegation<br />

and Location<br />

Denisiqi<br />

Services Society<br />

(Thompson<br />

Cariboo)<br />

Haida Child<br />

& Family<br />

Services Society<br />

(Northwest)<br />

Heiltsuk Kaxla<br />

Society (Coast/<br />

North Shore)<br />

K'WAK'WALAT'SI<br />

('Namgis) Child<br />

and Family<br />

Services (North<br />

Vancouver<br />

Island)<br />

• Initial agreement<br />

signed June 23, 2005<br />

• Initial agreement<br />

signed April 1, 2006<br />

• Initial agreement<br />

signed March 31,<br />

2000<br />

• Initial agreement<br />

signed Jan. 28, 2005<br />

Services<br />

Provided<br />

On/Off<br />

Reserve?<br />

Receives<br />

20-1<br />

Funding?<br />

Receives<br />

MCFD<br />

Funding?<br />

Affiliated<br />

Communities<br />

On Yes Yes Alexandria<br />

Alexis Creek (Tsi Del<br />

Del)<br />

Anaham (Tl'etinqox)<br />

Nemiah (Xeni<br />

Gwet’in)<br />

Stone (Yunesit'in)<br />

Toosey (Tl’esqotin)<br />

Ulkatcho<br />

On Yes Yes Old Masset Village<br />

Council<br />

Skidegate Band<br />

On Yes Yes Heiltsuk<br />

On Yes No 'Namgis<br />

Tlowitsis-<br />

Mumtagalia<br />

62 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


References<br />

References<br />

<strong>Aboriginal</strong> Children in Care Working Group. (2015). <strong>Aboriginal</strong> children in care: Report to Canada’s<br />

Premiers. Ottawa, ON: Council of the Federation Secretariat. Retrieved from http://<br />

canadaspremiers.ca/phocadownload/publications/aboriginal_children_in_care_report_<br />

july2015.pdf<br />

Alberta Human Services. (2016). Child Intervention Practice Framework. Retrieved from<br />

http://humanservices.alberta.ca/abuse-bullying/17242.html<br />

Assembly of First Nations, Department of Indian and Northern Affairs Development. (2000). First<br />

Nations Child and Family Services: Joint National Policy Review. Ottawa: Assembly of First<br />

Nations. Retrieved from https://fncaringsociety.com/sites/default/files/docs/FNCFCS_<br />

JointPolicyReview_Final_2000.pdf<br />

Auditor General of B.C. (2008). Management of <strong>Aboriginal</strong> child protection services. Victoria: Auditor<br />

General of B.C. https://www.bcauditor.com/sites/default/files/publications/2008/report3/<br />

report/management-aboriginal-child-protection-services.pdf<br />

Auditor General of Canada. (2011). Status report of the Auditor General of Canada to the House of<br />

Commons: Chapter 4: Programs for First Nations on Reserve. Ottawa: Auditor-General of<br />

Canada. Retrieved from http://www.oag-bvg.gc.ca/internet/docs/parl_oag_201106_04_e.pdf<br />

Auditor General of Canada. (2008). Report of the Auditor General of Canada to the House of<br />

Commons: Chapter 4 – First Nations Child and Family Services Program, Indian and Northern<br />

Affairs. Ottawa: Auditor-General of Canada. Retrieved from http://www.oag-bvg.gc.ca/<br />

internet/English/parl_oag_201106_04_e_35372.html<br />

Bennett, K. (2015). Cultural Permanence for Indigenous Children and Youth: Reflections from a<br />

<strong>Delegated</strong> <strong>Aboriginal</strong> Agency in British Columbia. First Peoples Child & Family Review, 10(1),<br />

99-115.<br />

Bennett, M., Blackstock, C., and De La Ronde, R. (2005). A Literature Review and Annotated<br />

Bibliography on Aspects of <strong>Aboriginal</strong> Child Welfare in Canada. First Nations Child and Family<br />

Caring Society of Canada. Retrieved from https://fncaringsociety.com/sites/default/files/23.<br />

<strong>Aboriginal</strong>CWLitReview_2ndEd-1.pdf<br />

Bennett, B. and Zubrzycki, J. (2003). Hearing the stories of Australian <strong>Aboriginal</strong> and Torres Straight<br />

Islander social workers: challenging and educating the system. Australian Social Work, 56(1),<br />

61-70.<br />

Blackstock, C. (2010). I Want to Grow up in my Community: A Review of the Child and<br />

Family Service Act. NWT Standing Committee on Social Programs Advisory Report.<br />

Retrieved from http://cwrp.ca/sites/default/files/publications/en/NWT_Blackstock_<br />

IWANTTOGROWUPINMYCOMMUNITY_A_REVIEW_OF_THE_CFS_ACT2010.pdf<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 63


References<br />

Blackstock, C. (2008). Reconciliation Means Not Saying Sorry Twice: Lessons From Child Welfare<br />

in Canada. In From Truth to Reconciliation: Transforming the Legacy of Residential Schools<br />

(pp. 163-178). Ottawa: <strong>Aboriginal</strong> Healing Foundation.<br />

British Columbia Government. (2014, Nov. 6). New staff, streamlined services to benefit at-risk kids.<br />

Retrieved from https://news.gov.bc.ca/stories/new-staff-streamlined-services-to-benefit-at-risk-kids<br />

BC Statistics. (ND). British Columbia statistical profile of <strong>Aboriginal</strong> peoples 2006: <strong>Aboriginal</strong> Peoples<br />

compared to non-<strong>Aboriginal</strong> population. Victoria: BC Statistics. Retrieved from http://www.<br />

bcstats.gov.bc.ca/StatisticsBySubject/<strong>Aboriginal</strong>Peoples/CensusProfiles/2006Census.aspx<br />

British Columbia Government and Service Employees’ Union (BCGEU). (2014). Choose Children:<br />

A Case for Reinvesting in Child, Youth and Family Services in British Columbia. Retrieved from<br />

http://www.bcgeu.ca/sites/default/files/publications/attachments/BCGEU-choose-childrenreport-digital_0.pdf<br />

British Columbia Government and Service Employees’ Union (BCGEU). (2015). Closing the<br />

Circle: A Case for Reinvesting in <strong>Aboriginal</strong> Child, Youth and Family Services in British<br />

Columbia. Retrieved from http://www.bcgeu.ca/sites/default/files/publications/attachments/<br />

Closing%20the%20Circle%20Report%20FINAL.pdf<br />

Canadian Human Rights Tribunal. (2016). First Nations Child and Family Caring Society of Canada<br />

et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada)<br />

(2016 CHRT 2), January 26, 2016. File Number T1340/7008. Retrieved from http://<br />

decisions.chrt-tcdp.gc.ca/chrt-tcdp/decisions/en/item/127700/index.do#_Toc441501140<br />

Cemlyn, S. (2000a). Assimilation, control, mediation or advocacy? Social work dilemmas in<br />

providing anti-oppressive services for Traveller children and families. Child and Family<br />

Social Work, 5(4), 327-41. DOI: 10.1046/j.1365-2206.2000.00168.x<br />

Cemlyn, S. (2000b). Policy and Provision by Social Services for Traveller Children and Families. Report<br />

on Research Study. Bristol, UK: University of Bristol.<br />

Cemlyn, S., Greenfields, M., Burnett, S., Matthews, Z., Whitwell, C. (2009). Inequalities experienced<br />

by gypsy and traveller communities: A review. Manchester, UK: Equality and Human Rights<br />

Commission. Retrieved from https://www.equalityhumanrights.com/en/publicationdownload/research-report-12-inequalities-experiences-gypsy-and-traveller-communities<br />

Child, Family and Community Service Act. Laws of B.C. (RSBC 1986, Chapter 46). Retrieved from<br />

http://www.bclaws.ca/civix/document/id/complete/statreg/96046_01<br />

First Nations Child and Family Services <strong>Agencies</strong> Directors Forum et al. (2008). British Columbia<br />

First Nations Enhanced Prevention Services and Accountability Framework. Retrieved from<br />

http://www.fndirectorsforum.ca/downloads/bc-fn-ep-srv-model-and-accountabilityframework-final.pdf<br />

64 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


References<br />

First Nations Child and Family Caring Society of Canada (FNC&FCS). (2005). Wen:de - We are<br />

Coming to the Light of Day. Ottawa: First Nations Child and Family Caring Society of Canada.<br />

Retrieved from http://www.fncaringsociety.com/sites/default/files/docs/WendeReport.pdf<br />

First Nations Child and Family Caring Society of Canada. (2016a). Federal Funding Formulas<br />

for First Nations Child and Family Services: 1965 Indian Welfare Agreement. Ottawa: First<br />

Nations Child and Family Caring Society of Canada.<br />

First Nations Child and Family Caring Society of Canada. (2016b). Federal Funding Formulas for<br />

First Nations Child and Family Services: Directive 20-1. Ottawa: First Nations Child and<br />

Family Caring Society of Canada.<br />

First Nations Child and Family Caring Society of Canada. (2016c). Federal Funding Formulas for<br />

First Nations Child and Family Services: Enhanced Prevention Focused Approach. Ottawa: First<br />

Nations Child and Family Caring Society of Canada.<br />

First Nations Child and Family Caring Society of Canada. (2016d). Federal Funding Formulas for<br />

First Nations Child and Family Services: Funding Arrangements for Provinces and Territories.<br />

Ottawa: First Nations Child and Family Caring Society of Canada. Retrieved from https://<br />

fncaringsociety.com/sites/default/files/Prov%20and%20Territory%20description.pdf<br />

First Nations Child and Family Caring Society of Canada. (2016e). Victory for First Nations Children:<br />

Canadian Human Rights Tribunal Finds Discrimination Against First Nations Children Living<br />

On-Reserve. Ottawa: First Nations Child and Family Caring Society of Canada. Retrieved<br />

from https://fncaringsociety.com/sites/default/files/Information%20Sheet%20re%20<br />

CHRT%20Decision.pdf<br />

First Nations Leadership Council Organizations (FNLCO). (2016). Information background for ‘An<br />

Immediate Call to Action: Reconciliation and Self-Determination for First Nations Children, Families<br />

and Nations in B.C.’, May 30, 31, 2016. First Nations Leadership Council Organizations.<br />

First Nations Leadership Council. (2015). FNLC to Candidates in the 2015 Election. Retrieved from<br />

http://www.fns.bc.ca/pdf/C-2015August19_FNLCtoCandidates_FederalElectionQuestions_<br />

FINAL.pdf<br />

First Peoples’ Cultural Council. (2016). First Nations Peoples Language Map of British Columbia.<br />

Brentwood Bay, B.C.: First Peoples’ Cultural Council. Retrieved from http://maps.fpcc.ca/<br />

Government of Western Australia. (2011). The Signs of Safety Child Protection Practice Framework<br />

(2nd edition). East Perth, Western Australia: Department for Child Protection.<br />

Hughes, E.N. (2006). BC children and youth review: An independent review of BC’s child protection<br />

system. Victoria, B.C.<br />

Indigenous and Northern Affairs Canada (INAC). (2016a). First Nations Child and Family<br />

Services. Ottawa: INAC. Retrieved from https://www.aadnc-aandc.gc.ca/<br />

eng/1100100035204/1100100035205<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 65


References<br />

Indigenous and Northern Affairs Canada (INAC). (2016b). About British Columbia First Nations.<br />

Retrieved from https://www.aadnc-aandc.gc.ca/eng/1100100021009/1314809450456<br />

John, E. (Grand Chief). (2016). Indigenous Resilience, Connectedness and Reunification – from Root<br />

Causes to Root Solutions. Victoria: MCFD. Retrieved from http://fns.bc.ca/pdf/Final-Reportof-Grand-Chief-Ed-John-re-Indig-Child-Welfare-in-BC-November-2016.pdf<br />

Johnson, P. (1993). Native children and the child welfare system. Ottawa: Canadian Council on Social<br />

Development in association with James Lorimer & Company.<br />

Kozlowski, A., Milne, L., and Vandna, S. (2014). British Columbia’s Child Welfare System. CWRP<br />

Information. Sheet #139E. Montreal, QC: Centre for Research on Children and Families.<br />

Retrieved from http://cwrp.ca/sites/default/files/publications/en/BC_final_infosheet.pdf<br />

Kozlowski, A., Sinha, V., Hoey, S., and Lucas, L. (2012). First Nations Child Welfare in British<br />

Columbia (2011). CWRP Information Sheet #98E. Montreal, QC: McGill University,<br />

Centre for Research on Children and Families. Retrieved from http://cwrp.ca/infosheets/<br />

first-nations-child-welfare-british-columbia<br />

Libesman, T. (2004). Child welfare approaches for Indigenous communities: International<br />

perspectives. National Child Protection Clearinghouse Issues, (20). Melbourne, Australia:<br />

Australian Institute of Family Studies. Retrieved from https://aifs.gov.au/cfca/sites/default/<br />

files/publication-documents/issues20.pdf<br />

Libesman, T. (2014). Decolonising Indigenous child welfare - comparative perspectives. London and<br />

New York: Routledge.<br />

Ministry of <strong>Aboriginal</strong> Relations and Reconciliation. (2012). 2012/2013 Annual Service Plan.<br />

Victoria: Ministry of <strong>Aboriginal</strong> Relations and Reconcilation.<br />

MCFD. (2017a). <strong>Delegated</strong> <strong>Aboriginal</strong> agencies in BC. Victoria: MCFD. Retrieved from http://<br />

www2.gov.bc.ca/gov/content/family-social-supports/data-monitoring-quality-assurance/<br />

reporting-monitoring/accountability/delegated-aboriginal-agencies<br />

MCFD. (2017b). 2017-2020 Multi-year action plan. Victoria: MCFD.<br />

MCFD. (2017c). <strong>Delegated</strong> <strong>Aboriginal</strong> Child and Family Service <strong>Agencies</strong> Status. Victoria: MCFD.<br />

Retrieved from http://www2.gov.bc.ca/gov/content/family-social-supports/data-monitoringquality-assurance/reporting-monitoring/accountability/delegated-aboriginal-agencies<br />

MCFD. (2016b). <strong>Aboriginal</strong> Service Innovations. Victoria: MCFD.<br />

MCFD. (2016c, May 19). Independent advisors guide to improvements in child welfare. Victoria:<br />

Ministry of Children and Family Development. Retrieved from https://news.gov.bc.ca/<br />

releases/2016CFD0025-000814<br />

66 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


References<br />

MCFD. (2016d, July 8). Minister’s statement on advisory council. Victoria: Ministry of<br />

Children and Family Development. Retrieved from https://news.gov.bc.ca/<br />

releases/2016CFD0037-001248<br />

MCFD. (2016e). MCFD service plan: 2016/17 – 2018/19. Victoria: Ministry of Children and Family<br />

Development. Retrieved from http://bcbudget.gov.bc.ca/2016/sp/pdf/ministry/cfd.pdf<br />

MCFD. (2016f). <strong>Aboriginal</strong> Policy and Practice Framework in British Columbia: A pathway towards<br />

restorative policy and practice that supports and honours <strong>Aboriginal</strong> peoples’ systems of caring,<br />

nurturing children and resiliency. Victoria: MCFD.<br />

MCFD. (2016g). MCFD Estimates Binder, 2016. Provided to the Representative by MCFD.<br />

MCFD. (2016h). <strong>Aboriginal</strong> case practice audits. Victoria: MCFD. Retrieved from http://www2.<br />

gov.bc.ca/gov/content/family-social-supports/data-monitoring-quality-assurance/reportingmonitoring/accountability/aboriginal-case-practice-audits<br />

MCFD. (2016i). MCFD Corporate Data Warehouse, Data Portal. Data Retrieved October 2016.<br />

MCFD. (2015). Practice guidelines for using structured decision making tools. Victoria: MCFD.<br />

MCFD. (2005). <strong>Aboriginal</strong> Operational and Practice Standards and Indicators (AOPSI). Victoria:<br />

MCFD. Retrieved from http://www2.gov.bc.ca/assets/gov/british-columbians-ourgovernments/aboriginal-people/child-family-development/aopsi_practice_standards.pdf<br />

MCFD. (n.d.). <strong>Delegated</strong> Child & Family Service <strong>Agencies</strong>. Victoria: MCFD. Retrieved from<br />

http://www.mcf.gov.bc.ca/about_us/aboriginal/delegated/index.htm<br />

MCFD. (n.d.). The Delegation Process. Victoria: MCFD. Retrieved from http://www.mcf.gov.bc.ca/<br />

about_us/aboriginal/delegated/delegation_process.htm<br />

McKenzie, H.A., Varcoe, C., Browne, A.J., and Day, L. (2016). Disrupting the Continuities Among<br />

Residential Schools, the Sixties Scoop, and Child Welfare: An Analysis of Colonial and<br />

Neocolonial Discourses. The International Indigenous Policy Journal, 7(2). Retrieved from<br />

http://ir.lib.uwo.ca/iipj/vol7/iss2/4<br />

Métis Nation. (n.d.). Métis Nation Citizenship. Retrieved from<br />

http://www.metisnation.ca/index.php/who-are-the-metis/citizenship<br />

Office of the Auditor General of British Columbia. (2008). Management of <strong>Aboriginal</strong> Child<br />

Protection Services. British Columbia: Office of the Auditor General. Retrieved from<br />

http://cwrp.ca/sites/default/files/publications/en/BC-management_aboriginal_cps_2008.pdf<br />

Office of the Child and Youth Advocate Alberta (OCYA). (2016). Voices for Change: <strong>Aboriginal</strong><br />

Child Welfare in Alberta – a Special Report. Edmonton: Office of the Child and Youth<br />

Advocate Alberta. Retrieved from http://www.ocya.alberta.ca/wp-content/uploads/2014/08/<br />

SpRpt_2016July_VoicesForChange_v2.pdf<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 67


References<br />

Office of the Ombudsman and Child and Youth Advocate. (2010). Hand-in-hand: A Review of<br />

First Nations Child Welfare in New Brunswick. Fredericton: Province of New Brunswick.<br />

Retrieved from http://cwrp.ca/sites/default/files/publications/en/NB-handinhand_e.pdf<br />

Parliament of Canada. (n.d.). Implementing the Convention on the Rights of the Child. Who’s in<br />

Charge Here? Effective Implementation of Canada’s International Obligations with Respect to<br />

the Rights of Children. Ottawa: Parliament of Canada. Retrieved from http://www.parl.gc.ca/<br />

Content/SEN/Committee/381/huma/rep/rep19nov05part1-e.htm<br />

Pivot Legal Society. (2009). Hands tied: Child protection workers talk about working in, and leaving,<br />

B.C.’s child welfare system. British Columbia: Pivot Legal Society. Retrieved from<br />

www.pivotlegal.org/sites/pivotlegal.org/files/Pivot_HandsTied.pdf<br />

Plecas, R. (2015). Plecas Review, Part One: Decision Time. A review of policy, practice and legislation<br />

of child welfare in B.C. in relation to a judicial decision in the J.P. case. Victoria: MCFD.<br />

Retrieved from http://www2.gov.bc.ca/assets/gov/family-and-social-supports/servicessupports-for-parents-with-young-children/reporting-monitoring/00-public-ministry-reports/<br />

plecas-report-part-one.pdf<br />

Representative for Children and Youth. (2015). The Thin Front Line. Victoria, B.C.: Office of the<br />

Representative for Children and Youth. Retrieved from https://www.rcybc.ca/sites/default/files/<br />

documents/pdf/reports_publications/rcy-thethinfrontline-oct2015-final_revised.pdf<br />

Representative for Children and Youth. (2016a). Implementation of the Plecas Review, Part One:<br />

Decision Time. Victoria: Representative for Children and Youth. Retrieved from<br />

https://www.rcybc.ca/plecasreview<br />

Representative for Children and Youth. (2016b, May 19). Statement from the Representative. Victoria:<br />

Representative for Children and Youth. Retrieved from http://www.rcybc.ca/sites/default/<br />

files/documents/pdf/reports_publications/statement_19_may_2016.pdf<br />

Representative for Children and Youth and Office of the Provincial Health Officer. (2015). Growing<br />

up in B.C., 2015. Victoria, B.C.: Representative for Children and Youth. Retrieved from<br />

http://www.rcybc.ca/sites/default/files/documents/pdf/reports_publications/guibc-2015-<br />

finalforweb_0.pdf<br />

Representative for Children and Youth. (2013). When Talk Trumped Service: A Decade of Lost<br />

Opportunity for <strong>Aboriginal</strong> Children and Youth in B.C. Victoria, B.C.: Representative for<br />

Children and Youth. Retrieved from https://www.rcybc.ca/reports-and-publications/reports/<br />

monitoring-reports/when-talk-trumped-service-decade-lost<br />

Ritchie, J. and Lewis, J. (2003). Qualitative Research Practice: A Guide for Social Science Students and<br />

Researchers. London: Sage.<br />

68 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery March 2017


References<br />

Rousseau, J. (2015). The Elusive Promise Of Reconciliation In British Columbia Child Welfare:<br />

<strong>Aboriginal</strong> Perspectives And Wisdom From Within The BC Ministry Of Children And<br />

Family Development. First Peoples Child & Family Review, 10(2), 44-61.<br />

Schmidt, G. (2008). Professional Work in Remote Northern Communities: A Social Work Perspective.<br />

Prince George, BC: University of Northern British Columbia. Retrieved from www.unbc.ca/<br />

sites/default/files/assets/community_development_institute/g_schmidt_cdi_paper.pdf<br />

Signs of Safety (2015). The Signs of Safety Approach to Child Protection Casework. Retrieved from<br />

http://www.signsofsafety.net/signs-of-safety/<br />

Sinha, V., and Kozlowski, A. (2013). The Structure of <strong>Aboriginal</strong> Child Welfare in Canada.<br />

The International Indigenous Policy Journal, 4(2), Article 2. Retrieved from<br />

http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1127&context=iipj<br />

Sinha, V., Trocmé, N., Fallon, B., et al. (2011). Kiskisik Awasisak: Remember the Children.<br />

Understanding the Overrepresentation of First Nations Children in the Child Welfare System.<br />

Ontario: Assembly of First Nations.<br />

Southern First Nations Network of Care (2010). Report on the Section 4 Review of Southeast Child and<br />

Family Services. Manitoba: First Nations of Southern Manitoba Child and Family Services<br />

Authority. Retrieved from http://www.southernnetwork.org/docs/Report%20on%20the%20<br />

Section%204%20Review%20of%20Southeast%20Child%20and%20Family%20Services.pdf<br />

Truth and Reconciliation Commission of Canada. (2015a). Honouring the Truth, Reconciling for the<br />

Future: Summary of the Final Report of the Truth and Reconciliation Commission of Canada.<br />

Winnipeg: Truth and Reconciliation Commission of Canada. Retrieved from www.trc.ca<br />

Truth and Reconciliation Commission of Canada (TRC). (2015b). What We Have Learned:<br />

Principles of Truth and Reconciliation. Winnipeg: Truth and Reconciliation Commission of<br />

Canada. Retrieved from www.trc.ca<br />

Truth and Reconciliation Commission of Canada. (2015c). Truth and Reconciliation Commission<br />

of Canada: Calls to Action. Winnipeg: Truth and Reconciliation Commission of Canada.<br />

Retrieved from www.trc.ca<br />

Walmsley, C. (2005). Protecting <strong>Aboriginal</strong> Children. Vancouver, BC: UBC Press.<br />

March 2017 <strong>Delegated</strong> <strong>Aboriginal</strong> <strong>Agencies</strong>: How resourcing affects service delivery 69


Contacts<br />

Phone<br />

In Victoria: 250-356-6710<br />

Elsewhere in B.C.: 1-800-476-3933<br />

E-mail<br />

rcy@rcybc.ca<br />

Fax<br />

Victoria: 250-356-0837<br />

Prince George: 250-561-4624<br />

Burnaby: 604-775-3205<br />

Website<br />

www.rcybc.ca<br />

Offices<br />

#400 1019 Wharf Street<br />

Victoria, B.C. V8W 2Y9<br />

1475 10th Avenue<br />

Prince George, B.C. V2L 2L2<br />

#150 4664 Lougheed Hwy.<br />

Burnaby, B.C. V5C 5T5<br />

B.C.’s Representative<br />

for Children and Youth<br />

and RCYBC Youth<br />

@rcybc and @rcybcyouth<br />

Rep4Youth<br />

@rcybcyouth

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!